DOCUMENTS 

fJCCT 


JOURNAL 


OF    THE 


CONSTITUTIONAL   CONVENTION 


OF    THE 


Cnnnnniitntnltj)  n.f  Jfla0aar|itt0rtt0, 


BEGUN    AND    HELD 


IN  BOSTON,  ON  THE  FOURTH  DAY  OP  MAY, 

1853. 


PRINTED    BY   ORDER   OF   THE    CONVENTION. 


BOSTON: 

WHITE  &  POTTER,  PRINTERS  TO  THE  CONVENTION. 
1853. 


.f- 


JOURNAL. 


of 


STATE   HOUSE,    CITY  OF   BOSTON, 
WEDNESDAY,  May  4,  1853. 

Pursuant  to  the  Act  of  the  Legislature  of  this  State,  entitled  "  An 
Act  relating  to  the  calling  a  Convention  of  Delegates  of  the  People, 
for  the  purpose  of  revising  the  Constitution,"  passed  May  7,  1852, 
which  is  in  the  words  and  figures  following,  to  wit: — 

Be  it  Enacted  by  the  Senate  and  House  of  Representatives,  in  General 
Court  assembled,  and  by  the  authority  of  the  same,  as  follows : — 

SECTION  1.  The  inhabitants  of  the  several  cities,  towns,  districts, 
and  places  within  this  Commonwealth,  qualified  to  vote  for  senators 
or  representatives  in  the  general  court,  shall,  on  the  second  Monday  of 
November  next,  at  the  meeting  to  be  then  held  in  the  several  cities 
and  towns  in  the  Commonwealth,  for  the  choice  of  governor, 
lieutenant-governor,  senators  and  representatives  in  the  general  court, 
an  article  for  this  purpose  being  inserted  in  the  warrants  calling  said 
meetings,  give  in  their  votes  by  ballot  on  this  question:  "Is  it 
expedient  that  delegates  should  be  chosen  to  meet  in  convention  for 
the  purpose  of  revising  or  altering  the  constitution  of  government  of 
this  Commonwealth  ?"  And  the  vote  upon  said  question  shall  be  in 
open  meeting,  and  the  votes  in  the  several  cities  and  towns  in  the 
Commonwealth  shall  be  received,  sorted,  counted,  declared,  and  trans 
mitted  to  the  Secretary  of  the  Commonwealth,  in  the  same  manner 
as  the  votes  for  governor,  lieutenant-governor,  and  senators  are  now 
received,  sorted,  counted,  declared  and  transmitted  by  the  Constitution 
and  laws  of  the  Commonwealth  ;  and  all  returns  not  thus  made  shall 
be  rejected  in  the  counting.  And  the  Governor  and  Council  shall 
open  and  examine  the  returns,  made  as  aforesaid,  and  count  the  votes 
given  on  the  said  question  ;  and  the  governor  shall,  by  public  procla 
mation,  to  be  made  on  or  before  the  first  Wednesday  in  January  next, 
make  known  the  result,  by  declaring  the  number  appearing  in  favor  of 
1 


24895$ 


2'  JOURNAL    OF    THE    CONTENTION.  [May  4th, 

choosing  delegates  for  the  purpose  aforesaid,  and  the  number  of  votes 
appearing  against  the  same  ;  and  if  it  shall  appear  that  a  majority  of 
the  votes  given  in  and  returned  as  aforesaid  are  in  favor  of  choosing 
delegates  as  aforesaid,  the  same  shall  be  deemed  and  taken  to  be  the 
will  of  the  people  of  the  Commonwealth,  that  a  Convention  should 
meet  accordingly  ;  and  in  case  of  such  majority,  the  governor  shall 
call  upon  the  people  to  elect  delegates  to  meet  in  Convention,  in  the 
manner  hereinafter  provided. 

SECT.  2.  If  it  shall  be  declared  by  the  said  proclamation,  that  the 
majority  of  votes,  as  aforesaid,  is  in  favor  of  choosing  delegates,  a» 
above-mentioned,  the  inhabitants  of  the  several  cities  and  towns 
within  the  Commonwealth,  now  entitled  any  one  year  to  send  one  or 
more  representatives  to  the  general  court,  shall,  on  the  first  Monday 
of  March,  in  the  year  one  thousand  eight  hundred  and  fifty-three., 
assemble  in  their  several  meetings,  to  be  duly  notified  by  warrant  from 
the  selectmen  of  the  several  towns  and  the  mayor  and  aldermen  of 
the  several  cities,  and  shall  elect  one  or  more  delegates,  not  exceeding 
the  number  of  representatives  to  which  each  town  or  city  was  entitled 
last  year,  it  being  the  year  in  which  the  valuation  of  estates  in  the 
Commonwealth  was  settled,  to  meet  delegates  from  other  towns  and 
cities  in  Convention,  for  the  purposes  hereinafter  expressed,  And  at 
such  meetings  of  the  inhabitants,  every  person  entitled  to  vote  for 
representatives  in  the  general  court,  shall  have  a  right  to  vote  in  the 
choice  of  delegates,  and  the  same  officers,  in  the  several  cities  and 
towns  in  the  Commonwealth,  shall  preside  at  such  elections,  as  now 
preside  in  the  choice  of  representatives  to  the  general  court ;  and  the 
votes  for  said  delegates  shall  be  received,  sorted,  counted,  declared, 
recorded,  and  copies  thereof  delivered  to  the  delegates  chosen,  in  the 
s&rae  manner  as  is  now  provided  for  in  the  case  of  representatives  to 
the  general  court.  And  all  laws  now  in  force,  regulating  the  duty  and 
conduct  of  town  and  city  officers,  sheriffs,  magistrates,  and  electors., 
in  th-e  election  of  governor,  lieutenant-governor,  senators  and  repre 
sentatives,  shall,  as  far  as  applicable,  apply,  and  be  in  full  force  and 
operation,  as  to  all  meetings  holden,  and  elections  and  returns  made, 
under  this  Act,  or  which  by  this  Act  are  required  to  be  holden  or  made, 
and  upon  the  like  forfeitures  and  penalties. 

SECT.  3.  The  persons  so  elected  delegates  shall  meet  in  Conven 
tion  in  the  State  House,  in  Boston,  on  the  first  Wednesday  in  May, 
in  the  year  one  thousand  eight  hundred  and  fifty-three ;  and  they  shall 
be  the  judges  of  the  returns  and  elections  of  their  own  members,  and 
may  adjourn  from  time  to  time  ;  and  one  hundred  of  the  persons- 
elected  shall  constitute  a  quorum  for  the  transaction  of  business  ;  and 
they  shall  proceed,  as  soon  as  may  be,  to  organize  themselves  in  Con 
vention,  by  choosing  a  president  and  such  other  officers  as  they  may 
deem  expedient,  and  by  establishing  proper  rules  of  proceeding ;  and 
when  organized,  they  may  take  into  consideration  the  propriety  and 
expediency  of  revising  the  present  constitution  of  government  of 
this  Commonwealth,  or  the  propriety  and  expediency  of  making  any, 
and  if  any,  what  alterations  or  amendments,  in  the  present  constitu 
tion  of  government  of  this  Commonwealth.  And  such  alterations  or 


1853.]  JOURNAL    OF    THE    CONVENTION.  3 

amendments,  when  made  and  adopted  by  the  said  Convention,  shall 
be  submitted  to  the  people  for  their  ratification  and  adoption,  in  such 
manner  as  the  said  Convention  shall  direct;  and  if  ratified  by  the 
people  in  the  manner  directed  by  the  said  Convention,  the  Constitu 
tion  shall  be  deemed  and  taken  to  be  altered  or  amended  accordingly ; 
and  if  not  so  ratified,  the  present  Constitution  shall  be  and  remain 
the  constitution  of  government  of  this  Commonwealth. 

SECT.  4.  The  said  Convention  shall  establish  the  pay  or  compen 
sation  of  its  officers  and  members,  and  the  expense  of  its  session  ;  and 
his  excellency  the  Governor,  by  and  with  the  advice  and  consent  of 
the  Council,  is  authorized  to  draw  his  warrant  on  the  treasury  there 
for. 

SECT.  0.  The  Secretary  of  the  Commonwealth  is  hereby  directed 
forthwith,  after  the  passage  thereof,  to  transmit  printed  copies  of  this 
Act  to  the  selectmen  of  each  town,  and  the  mayor  and  aldermen  of 
each  city  within  the  Commonwealth ;  and  whenever  the  Governor 
shall  issue  his  proclamation,  calling  upon  the  people  to  elect  dele 
gates,  to  meet  in  Convention  as  aforesaid,  the  said  Secretary  shall 
also,  immediately  thereafter,  transmit  printed  copies  of  said  procla 
mation,  attested  by  himself,  to  the  selectmen  of  each  town,  and  the 
mayor  and  aldermen  of  each  city,  in  the  Commonwealth.  ' 

A  Convention  of  Delegates,  elected  by  the  people,  assembled  at 
the  State  House  in  Boston  on  the  first  Wednesday,  being  the  fourth 
day  of  May,  A.  D.  one  thousand  eight  hundred  and  fifty-three,  and 
were  called  to  order  by  the  Hon.  ROBERT  RANTOUL,  of  Beverly,  who 
appointed  the  following  gentlemen  a  Committee  to  receive  the  Cre 
dentials  of  the  Delegates,  viz.: — 

Messrs.  Morton,  of  Taunton,  Briggs,  of  Pittsfield,  Bartlett,  of  Bos 
ton,  De  Witt,  of  Oxford,  and  Banks,  of  Waltham. 

This  committee  afterwards  reported  that  a  quorum  of  Delegates 
was  present. 

Mr.  CUSHMAN,  of  Bernardston,  submitted  the  following  Order,  which 
was  adopted  : — 

Whereas,  It  is  wise  and  proper,  at  the  commencement  of  any  great 
and  important  work,  to  invoke  the  guidance  and  blessing  of  the 
Almighty  Ruler  of  the  nations,  therefore, 

Ordered,  That  the  Chairman  be  requested  to  invite  some  clergy 
man,  a  member  of  this  body,  to  commence  the  proceedings  of  the 
Convention  with  prayer. 

The  Rev.  Dr.  LOTHROP,  of  Boston,  by  request  of  the  Chairman, 
then  offered  prayer. 

Mr.  HOOPER,  of  Fall  River,  moved  that  a  committee  be  appointed 
to  collect,  sort  and  count  the  votes  for  Secretary  of  the  Convention. 


4  JOURNAL   OF    THE    CONTENTION.  [Ma?  4th' 

Mr.  WILLIAMS,  of  Taunton,  moved,  as  an  amendment,  that  in  the 
election  of  officers,  the  members  vote  viva  voce.  The  amendment 
was  rejected. 

Mr.  NAYSON,  of  Amesbury,  moved  to  amend,  so  as  to  provide  for 
the  choice  of  a  President,  instead  of  a  Secretary.  This  amendment 
was  also  rejected. 

The  motion  of  Mr.  Hooper  was  then  agreed  to. 

The  CHAIRMAN  appointed  Messrs.  Griswold,  member  for  Erving, 
Morey,  of  Boston,  Allen,  of  Worcester,  Upham,  of  Salem,  and  Graves, 
of  Lowell,  to  constitute  the  committee. 

Afterwards,  the  committee  reported,  as  follows : — 

The  whole  number  of  votes  is 394 

Necessary  for  a  choice, 198 

William  S.  Robinson,  of  Lowell,  has  .         .         .         .  247 

Charles  W.  Storey,  of  Roxbury,  has  .  .  .  .  144 
Lorenzo  M.  Gamwell,  of  Pittstield,  has  ...  1 
E.  P.  Hathaway,  of  Freetown,  has  ....  1 
Ezra  Wilkinson,  of  Dedham,  has  ....  1 

The  Report  was  accepted,  and  Messrs.  Hood,  of  Lynn,  Hale,  of 
Bridgewater,  and  Gray,  of  Boston,  were  appointed  a  committee  to 
notify  Mr.  Robinson  of  his  election. 

Mr.  KEYES,  member  for  Abington,  moved  that  the  Secretary  be 
sworn  to  the  faithful  discharge  of  the  duties  of  his  office.  This  mo 
tion  was  agreed  to,  and  the  oath  was  administered  by  the  Chairman. 

Mr.  KEYES,  member  for  Abington,  moved  the  appointment  of  a 
committee  to  receive,  sort  and  count  the  votes  for  a  second  Secretary 
of  the  Convention;  but  afterwards  withdrew  the  motion. 

On  motion  of  Mr.  HOOPER,  of  Fall  River,  the  following  gentle 
men  were  appointed  a  committee  to  receive,  sort  and  count  the  votes 
for  President  of  the  Convention,  viz. :  Messrs.  Davis,  of  Worcester, 
Appleton,  of  Boston,  Chapin,  of  Springfield,  Walker,  of  North  Brook- 
field,  and  Braman,  of  Danvers. 

The  committee  afterwards  reported,  as  follows: — 

Whole  number  of  ballots, 391 

Necessary  to  a  choice, 196 

Hon.  Nathaniel  P.  Banks,  Jr.,  has         ....  250 

Hon.  George  N.  Briggs,  has 137 

Hon.  H.  W.  Bishop,  has 1 

Ezra  Wilkinson,  has     .......  1 

E.  P.  Hathaway,  has 1 

Bradford  L.  Wales,  has        ...  .1 


1853.]  JOURNAL    OF   THE    CONVENTION.  5 

The  Report  was  accepted,  and  the  Chairman  appointed  Messrs. 
Choate,  of  Boston,  Weston,  of  Duxbury,  and  Walcott,  of  Salem,  a 
committee  to  notify  Mr.  BANKS  of  his  election. 

The  PRESIDENT  having  been  conducted  to  the  chair,  signified  his 
acceptance  of  the  office,  and  entered  upon  the  discharge  of  its  duties. 

Mr.  KEYES,  member  for  Abington,  renewed  his  motion  for  the  ap 
pointment  of  a  committee  to  receive,  sort  and  count  the  votes  for  a 
second  Secretary  of  the  Convention. 

The  motion  was  agreed  to,  and  Messrs.  Griswold,  member  for 
Erving,  Morey,  of  Boston,  Allen,  of  Worcester,  Upham,  of  Salem, 
and  Graves,  of  Lowell,  were  appointed.  They  afterwards  reported, 
as  follows: — 

Whole  number  of  votes,  .......         348 

Necessary  for  a  choice,     .......         175 

James  T.  Robinson,  of  Adams,  has       ....  235 

W.  E.  P.  Haskeli,  of  Chelsea,  has         ....  83 

Charles  W.  Storey,  of  Roxbury,  has    ....  29 

Samuel  B.  Sumner,  of  Great  Barrington,  has       .         .         1 

The  Report  was  accepted,  and  upon  motion  of  Mr.  GOURGAS,  of 
Concordj  the  Secretary  was  directed  to  notify  Mr.  J.  T.  ROBINSON  of 
his  election. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Resolved,  That  a  committee  of  one  from  each  county  be  appointed 
by  the  President  of  the  Convention,  to  consider  and  report  as  to  the 
best  mode  of  proceeding  to  the  revision  of  the  Constitution  of  the 
Commonwealth. 

The  President  appointed  the  committee,  as  follows: — 

Messrs.  Wilson,  of  Natick,  for  Middlesex  County. 

Choate,  of  Boston,  «  Suffolk  « 

Nayson,  of  Amesbury,  "  Essex  " 

Earle,  of  Worcester,  "  Worcester  « 

Beach,  of  Springfield,  "  Hampden  " 

Aspinwall,  of  Brookline,  "  Norfolk  " 

Gilbert,  of  Plaitifield,  «  Hampshire  « 

Cushman,  of  Bernardston,  "  Franklin 

Dawes,  of  Adams,  "  Berkshire  " 

Hathaway,  of  Freetown,  "  Bristol  " 

Hale,  of  Bridgewater,  "  Plymouth  " 

Weeks,  of  Harwich,  "  Barnstable  « 

Meader,  of  Nantucket,  "  Nantucket  " 

Pease,  of  Edgartown,  "  Dukes  " 


6  JOURNAL    OF    THE    CONVENTION.  [May  4th, 

Mr.  HALL,  of  Haverhill,  offered  an  Order  for  the  appointment  of  a 
committee  of  five  to  report  Rules  and  Orders  for  the  regulation  of  the 
Convention,  and  providing  that  in  the  mean  time  the  Rules  and  Orders 
of  the  House  of  Representatives,  as  far  as  they  are  applicable,  be  the 
rules  of  the  Convention. 

The  Order  was  adopted,  and  Messrs.  Hall,  of  Haverhill,  Crownin- 
slrield,  of  Boston,  Whitney,  of  Conway,  Gooch,  of  Melrose,  and 
Lord,  of  Salem, -were  appointed  upon  the  committee. 

Mr.  HALLETT,  member  for  Wilbraharn,  offered  the  following  Reso 
lution,  which  was  referred  to  the  committee  on  reporting  proper  modes 
of  proceeding  to  the  revision  of  the  Constitution. 

Resolved,  That  the  several  distinct  subjects  and  provisions  em 
braced  in  the  Constitution  of  this  Commonwealth  be  referred  each 
to  a  committee  to  take  into  consideration  the  propriety  and  expe 
diency  of  making  any,  and  if  any,  what  alterations  or  amendments 
1  herein,  with  instructions  to  report  thereon  in  printed  form,  at  the 
adjourned  meeting  of  this  Convention,  and  with  the  power  of  confer 
ence  between  any  or  all  of  the  committees  herein  appointed,  namely  : 

1st.  So  much  of  the  Constitution  as  is  contained  in  the  Preamble 
and  Declaration  of  Rights. 

2d.  So  much  as  relates  to  the  General  Court,  in  section  1  of 
chapter  1,  and  so  much  as  relates  to  Settling  Elections  by  the  Legisla 
ture,  in  article  7  of  section  3,  chapter  2. 

3d.   So  much  as  relates  to  the  Senate  in  section  2  of  chapter  1. 

4th.  So  much  as  relates  to  the  House  of  Representatives  in  section 
3  of  chapter  1. 

5th.  So  much  as  relates  to  the  Governor  and  the  Militia,  in  section 
1  of  chapter  2. 

6th.  So  much  as  relates  to  the  Lieutenant-Governor,  the  Council, 
and  the  Secretary  and  Treasurer,  in  sections  2,  3  and  4  of  chapter  2, 
except  article  7  of  section  3. 

7th.  So  much  as  relates  to  the  Judiciary  Power  in  chapter  3,  and 
the  last  two  clauses  of  article  13,  section  1  of  chapter  2,  relating  to 
Salaries. 

8th.  So  much  as  relates  to  the  University  at  Cambridge,  and  En 
couragement  of  Literature,  in  sections  1  and  2  of  chapter  5. 

9th.  So  much  as  relates  to  Oaths  and  Subscriptions,  Incompati 
bility  of  Offices,  Disqualifications,  Commissions,  Writs,  Confirmation 
of  Laws,  Habeas  Corpus,  and  the  Enacting  Style  ;  including  the  first 
eight  articles  in  chapter  6. 

10th.  So  much   as  relates  to  the   Qualifications  of    Voters,  and 


1853.]  JOURNAL    OF    THE    CONVENTION.  7 

Manner  of  Voting,  Amendments  of  the  Constitution  and  its  Enrol 
ment,  in  articles  9,  10  and  11  of  chapter  6. 

Mr.  MORTON,  of  Fairhaven,  offered  an  Order  for  the  appointment 
of  a  committee  of  seven,  to  take  into  consideration  the  course  to  be 
adopted  for  reporting  the  proceedings  of  the  Convention,  arid  for 
publishing  the  same;  which  Order  was  adopted. 

Mr.  WILSON,  of  Natick,  offered  the  following  Resolutions,  which, 
upon  his  motion,  were  referred  to  the  Committee  on  the  proper  mode 
of  proceeding  to  the  Revision  of  the  Constitution  : — 

1.  Resolved,  That  the  Preamble  and  Bill  of  Rights,  the  Frame  of 
Government  and  article  7  of  chapter  6,  concerning  the  writ  of  Habeas 
Corpus,  be  referred  to  a  committee  of  nine,  to  consider  and  report 
thereon. 

2.  Resolved,  That  so  much  of  the   Constitution  as  relates  to  the 
Right  of  Suffrage,  and  also  the  subject  of  the  Ballot,  be  referred  to  a 
committee  of  nine,  to  consider  and  report  thereon. 

3.  Resolved^  That  so  much  of  the  Constitution  as  relates  to  the 
legislative  power,  the  Senate  and   the  House  of  Representatives,  be 
referred  to   a  committee   of  one  from  each  county,  to  consider  and 
report  thereon. 

4.  Resolved,  That  so  much  of  the  Constitution  as  relates  to  the 
Governor,  the  Lieutenant- Governor,  and  the  Council,  be  referred  to  a 
committee  of  nine,  to  consider  and  report  thereon. 

5.  Resolved,  That  so  much   of  the  Constitution   as  relates  to  the 
Secretary  of  State,   Treasurer,   Attorney-General,   Solicitor-General, 
Sheriffs,  Coroners,  Registers  of  Probate,  and  Notaries  Public,  be  refer 
red  to  a  committee  of  nine,  to  consider  and  report  thereon. 

6.  Resolved,  That  so  much  of  the  Constitution  as  relates  to  the 
Judiciary,  be  referred  to  a  committee  of  nine,  to  consider  and  report 
thereon. 

7.  Resolved,  That  so   much  of  the  Constitution  as  relates  to  the 
University  at  Cambridge,  and  to  the  Encouragement  of  Literature,  be 
referred  to  a  committee  of  nine,  to  consider  and  report  thereon. 

8.  Resolved,  That  so  much  of  the  Constitution  as  relates  to  Oaths 
and    Subscriptions,   Incompatibility  of  and    Exclusion  from    Office, 
Pecuniary  Qualifications,  Commissions,  Writs,  Confirmation  of  Laws, 
the  Enacting  Style,  and  Amendments  of  the  Constitution,  be  referred 
to  a  committee  of  nine,  to  consider  and  report  thereon. 

Mr.  WALKER,  of  North  Brookfield,  offered  an  Order,  which  was 
adopted,  for  the  appointment  of  a  committee  of  five,  to  ascertain  and 


8  JOURNAL    OF    THE    CONVENTION.  [May  5th, 

report  whether  a  suitable  hall  and  committee-rooms  can  be  obtained 
for  the  use  of  the  Convention. 

The  PRESIDENT  appointed  the  committee,  as  follows :  Messrs. 
Walker,  of  North  Brookfield,  Bartlett,  of  Boston,  Knowlton,  of  Wor 
cester,  Morton,  of  Andover,  and  Abbott,  of  Danvers. 

Mr.  HALLETT,  member  for  Wilbraham,  offered  an  Order,  which  was 
laid  over  under  the  rule  of  the  Convention,  until  to-morrow,  providing 
for  the  appointment  of  a  committee  of  five,  with  authority  to  select 
and  employ  Reporters  for  the  Convention. 

On  motion  of  Mr.  EARLE,  of  Worcester, 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  to  meet 
again  on  Thursday,  at  ten  o'clock  in  the  forenoon. 

Afterwards,  Mr.  HALE,  of  Bridge  water,  moved  a  reconsideration  of 
the  vote  adopting  the  Order,  but  the  motion  to  reconsider  was  rejected. 

Mr.  KNOWLTON,  of  Worcester,  presented  the  memorial  of  Leonard 
M.  Parker,  with  a  copy  of  the  record  of  the  town  of  Shirley,  relating 
to  the  choice  of  Delegate  in  that  town. 

Laid  upon  the  table. 

Mr.  WILSON,  of  Natick,  offered  an  Order,  that  the  Secretary  of  the 
Convention  be  directed  to  furnish,  for  the  use  of  the  members,  five 
hundred  copies  of  the  Report  of  the  Proceedings  and  Debates  of  the 
Constitutional  Convention  of  1820. 

Laid  over  under  the  rule. 

On  motion  of  Mr.  EARLE,  of  Worcester, 

Ordered,  That  a  Committee  on  Elections  be  appointed,  consisting 
of  seven  members,  to  consider  and  report  upon  the  qualifications  of 
members  of  the  Convention. 

On  motion  of  Mr.  KEYES,  member  for  Abington,  the  Secretary  was 
directed  to  furnish  to  the  several  members  of  the  Convention,  during 
its  sittings,  such  newspapers,  published  in  the  Commonwealth,  as 
they  may  select,  not  exceeding  three  per  diem. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston,  Thursday,  at  twelve 
o'clock,  was  assigned  as  the  hour  for  the  choice  of  a  Chaplain. 

On  motion  of  Mr.  BRONSON,  of  Fall  River,  the  Convention  ad 
journed. 


1853.]  JOURNAL    OF    THE    CONVENTION.  9 

THURSDAY,  May  5,  1853. 

Met  according  to  adjournment.  The  Journal  of  yesterday  was 
read.  Prayer  was  offered  by  the  Rev.  Dr.  BLAGDEN,  of  Boston,  a 
member  of  the  Convention. 

On  motion  of  Mr.  GOURGAS,  of  Concord, 

Ordered,  That  a  committee  of  five  be  appointed,  to  consider  and 
report  what  measures  it  is  desirable  for  the  Convention  to  adopt,  to 
preserve  and  perpetuate  its  records. 

On  motion  of  Mr.  BATES,  of  Plymouth, 

Ordered^  That  the  committee  to  whom  was  referred  the  credentials 
of  members,  be  directed  to  ascertain  what  towns  are  represented,  and 
report  to  the  Convention  the  several  towns  where  vacancies  are  known 
to  exist,  and  the  number  of  Delegates  to  which  those  towns  are  en 
titled. 

The  PRESIDENT  read,  for  the  information  of  the  Convention,  a  com 
munication  which  he  had  received  from  Benjamin  Stevens,  Esq.,  en 
closing  a  joint  Order  of  both  branches  of  the  legislature,  by  which 
he  was  directed  to  make  all  suitable  provisions  for  the  accommoda 
tion  of  the  Convention,  and  to  act  in  his  capacity  of  Sergeant-at- 
Arms,  until  the  Convention  shall  otherwise  provide. 

The  PRESIDENT  also  read  a  communication  from  Hon.  Henry  Wil 
son,  announcing  that  he  had  been  elected  a  Delegate  to  the  Conven 
tion  from  the  town  of  Berlin,  and  also  from  the  town  of  Natick,  and 
asking  leave  to  decline  the  position  assigned  to  him  by  the  town  of 
Berlin. 

On  motion  of  Mr.  HOOPER,  of  Fall  River, 

Ordered.,  That  the  members  be  authorized  to  select  copies  of  the 
Reports  of  the  Transactions  of  this  Convention,  in  lieu  of  an  equal 
number  of  papers  authorized  by  the  Order  of  yesterday,  at  the  option 
of  the  members. 

The  PRESIDENT  announced  the  appointment  of  the  following  gen 
tlemen,  to  constitute  the  Committee  upon  Elections,  viz. : — 

Messrs.  Abbott,  of  Lowell,  Williams,  of  Taunton,  Plunkett,  of 
Adams,  Dehon,  of  Boston,  Simmons,  of  Hanover,  White,  of  Quincy, 
and  Ladd,  of  Cambridge. 

The  PRESIDENT  also  announced  the  appointment  of  the  following 
gentlemen,  to  constitute  the  committee  under  the  Order  offered  yes 
terday,  by  Mr.  Morton,  of  Fairhaven,  in  relation  to  the  proper  course 


10  JOURNAL    OF    THE    CONTENTION.  [May  5th, 

to  be  adopted  for  reporting  and    publishing  the  Proceedings  of  the 
Convention,  viz. : — 

Messrs.  Hallett,  member  for  Wilbraham,  Hale,  of  Boston,  Sleeper, 
of  Roxbury,  Schouler,  of  Boston,  Gourgas,  of  Concord,  Bates,  of 
Plymouth,  and  Greene,  of  Brookfield. 

The  same  gentlemen  were  appointed  the  committee  under  the 
Order  offered  by  Mr.  Hallett,  upon  the  same  subject,  which  Order 
was  taken  up  and  adopted. 

On  motion  of  Mr.  KNOWLTON,  of  Worcester,  the  Memorial  of 
Leonard  M.  Parker,  concerning  the  election  of  delegate  in  the  town 
of  Shirley,  was  taken  from  the  table  and  referred  to  the  Committee 
on  Elections. 

The  Order  offered  yesterday  by  Mr.  Wilson,  of  Natick,  and  laid 
over,  directing  the  Secretary  to  furnish,  for  the  use  of  the  members, 
five  hundred  copies  of  the  Report  of  the  Proceedings  and  Debates  of 
the  Constitutional  Convention  of  1820,  was  adopted. 

On  motion  of  Mr.  EARLE,  of  Worcester, 

Ordered,  That  the  Secretary  of  the  Commonwealth  be  requested 
to  send  to  the  Convention  the  Credentials  of  the  members  thereof, 
with  a  list  of  the  members,  and  that  they  be  referred,  when  received, 
to  the  Committee  on  Elections. 

The  PRESIDENT  appointed  Mr.  Brown,  of  Dracut,  a  member  of  the 
Committee  upon  Credentials,  in  place  of  Mr.  Banks,  of  Waltham. 

Mr.  WALKER,  of  North  Brookfield,  from  the  committee  appointed 
to  ascertain  whether  a  suitable  hall  and  committee-rooms  can  be 
obtained  for  the  use  of  the  Convention,  submitted  a  Report,  closing 
with  a  recommendation  that  the  hall  of  the  Lowell  Institute  be  occu 
pied  by  the  Convention,  either  temporarily  or  permanently,  as  may  be 
deemed  expedient. 

Mr.  HALLETT,  member  for  Wilbraham,  moved  that  the  Report  be 
laid  upon  the  table,  but  the  motion  was  rejected. 

On  motion  of  Mr.  SIMMONS,  of  Hanover,  the  rule  of  the  Conven 
tion  was  suspended  so  as  to  allow  of  the  immediate  consideration  of 
the  Report. 

Pending  the  question  upon  the  acceptance  of  the  Report,  Mr. 
THOMAS,  of  Weymouth,  called  for  the  special  assignment,  being  the 
election  of  a  Chaplain. 

And  the  President  appointed  the  following  gentlemen  a  committee 
to  receive,  sort  and  count  the  votes,  viz. : — 

Messrs.  Cushman,  of  Bernardston,  Brinley,  of  Boston,  Graves,  of 


1853.]  JOURNAL    OF    THE    CONVENTION.  11 

Lowell,  Walker,  of  Roxbury,  Stacy,  of  Gloucester,  and   Mason,  of 
Fitchburg. 

Afterwards  the  committee  reported  as  follows  : — 

The  whole  number  of  votes  is,          .....  385 

Necessary  for  a  choice,     .......  193 

Rev.  Warren  Burton,  has 224 

Rev.  Lyman  Beecher,  has 129 

Rev.  James  D.  Farnsworth,  has 17 

Rev.  Baron  Stow,  has 2 

Rev.  F.  D.  Huntington,  has 2 

Rev.  Daniel  Wise,  has 2 

Rev.  Reuben  Emerson,  has 1 

Father  Mcllroy,  has 1 

Rev.  Charles  H.  Leonard,  has 1 

Rev.  William  H.  Knapp,  has 1 

Rev.  Pliny  Wood,  has 1 

Rev.  A.  A.  Miner,  has 1 

Rev.  W.  W.  Ellis,  has 1 

Rev.  George  Richards,  has 1 

Rev.  Joseph  H.  Clinch,  has 1 

The  Report  of  the  committee  was  accepted. 

On  motion  of  Mr.  MORTON,  of  Fairhaven,  the  Secretary  was  directed 
to  inform  the  Rev.  WARREN  BURTON  that  he  has  been  elected  Chaplain 
of  the  Convention. 

The  Convention  resumed  the  consideration  of  the  Report  on  the 
subject  of  procuring  a  hall  and  committee-rooms  ;  and  the  question 
being  taken,  two  hundred  and  two  members  voted  for  the  acceptance 
of  the  Report,  and  one  hundred  and  twenty-five  members  against  it. 
So  the  Report  was  accepted. 

On  motion  of  Mr.  EARLE,  of  Worcester, 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  to  meet 
to-morrow  at  ten  o'clock  in  the  forenoon. 

Mr.  BARTLETT,  of  Boston,  offered  an  Order,  providing  for  the 
appointment  of  a  committee  of  five  to  procure  the  temporary  use  of 
the  hall  of  the  Lowell  Institute  for  the  sittings  of  the  Convention. 

At  the  request  of  Mr.  HALLETT,  member  for  Wilbraham,  the  Order 
was  laid  over,  a  motion  made  by  Mr.  BARTLETT,  of  Boston,  for  a 
suspension  of  the  rules,  to  allow  of  its  immediate  consideration,  not 
being  sustained  by  the  Convention. 


12  JOURNAL    OF    THE    CONVENTION.  [May  6th, 

Mr.  THOMPSON,  of  Charlestown,  offered  the  following  Order,  which 
was  laid  over : — 

Ordered,  That  the  election  of  Messenger  be  specially  assigned  for 
to-morrow  at  the  hour  of  eleven,  and  that  the  Messenger  then  elected 
shall  have  power  to  appoint  Assistants. 

Mr.  HALLETT,  member  for  Wilbraham,  offered  an  Order,  which  was 
laid  over,  providing  for  the  appointment  of  a  committee  of  five  to 
concur  with  any  committee  the  House  of  Representatives  may  ap 
point,  upon  an  arrangement  for  alternate  sessions  on  the  same  or 
succeeding  days,  of  the  House  and  of  this  Convention,  and  to  report 
the  result  of  such  conference. 

Mr.  THOMPSON,  of  Charlestown,  presented  the  Memorial  of  John 
Sanborn,  of  Charlestown,  claiming  a  seat  in  the  Convention ;  and  it 
was  referred  to  the  Committee  on  Elections. 

On  motion  of  Mr.  EARLE,  of  Worcester,  the  Convention  adjourned. 


FllIDAY,  May  6,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain  of  the  Convention.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  BRIGGS,  of  Pittsfield, 

Ordered^  That  the  law  of  the  Commonwealth  under  which  the 
Convention  assembled,  be  recorded  upon  the  first  page  of  the  Journal 
of  the  first  day's  proceedings. 

The  PRESIDENT  read  a  communication  from  the  Hon.  Thomas  G. 
Gary,  in  behalf  of  the  Trustees  of  the  Boston  Athenaeum,  requesting 
him  to  tender  to  the  members  of  the  Convention  an  invitation  to  visit 
that  institution,  and  make  use  of  the  Library  and  Reading- Room. 

Mr.  MOREY,  of  Boston,  in  behalf  of  the  Proprietors  of  the  Boston 
Social  Law  Library,  tendered  to  the  members  an  invitation  to  visit 
that  Library  during  the  sittings  of  the  Convention. 

On  motion  of  Mr.  ALLEN,  of  Worcester, 

Ordered^  That  the  thanks  of  the  Convention  be  tendered  to  the 
Proprietors  of  the  Boston  Athenaeum  and  of  the  Boston  Social  Law 
Library. 


1853.]  JOURNAL    OF    THE    CONVENTION.  13 

Mr.  NAYSON,  of  Amesbury,  presented  the  Memorial  of  Edwin 
Lawrence  and  Nehemiah  Flanders,  of  Newburyport,  in  reference 
to  the  election  of  Delegates  in  that  city;  which  was  referred  to  the 
Committee  on  Elections. 

The  PRESIDENT  read  a  letter  from  the  Rev.  Warren  Burton, 
announcing  his  acceptance  of  the  office  of  Chaplain. 

Mr.  HALL,  of  Haverhill,  from  the  Committee  appointed  to  prepare 
Rules  and  Orders  for  the  regulation  of  the  Convention,  submitted  a 
Report,  which  was  read,  and  on  motion  of  Mr.  LIVERMORE,  of  Cam 
bridge,  the  rules  were  suspended,  and  the  Report  considered. 

On  motion  of  Mr.  HOOPER,  of  Fall  River,  the  Report  was  laid  upon 
the  table,  and  was  ordered  to  be  printed. 

Mr.  BARTLETT,  of  Boston,  moved  that  the  Act  of  the  Common 
wealth  under  which  the  Convention  assembled  be  printed  with  the 
Rules  and  Orders  ;  but  afterwards  withdrew  the  motion. 

Mr.  MORTON,  of  Taunton,  submitted  a  Report  from  the  Committee 
on  Credentials,  recommending  that  the  committee  be  discharged  from 
the  further  consideration  of  the  subject,  and  that  the  subject  and 
papers  be  referred  to  the  Committee  on  Elections  ;  and  the  Report 
was  accepted,  and  the  papers  so  referred. 

Mr.  BATES,  of  Plymouth,  offered  an  Order,  that  the  President  of  the 
Convention  be  directed  to  issue  a  precept  for  the  election  of  a  member 
from  the  town  of  Berlin,  in  the  place  of  Mr.  Wilson. 

Mr.  WILSON,  of  Natick,  from  the  Committee  appointed  to  consider 
and  report  upon  the  best  mode  of  proceeding  to  the  revision  of  the 
Constitution,  submitted  a  Report,  recommending  the  adoption  of  the 
following  Resolutions,  viz. : — 

1.  Resolved,  That  so  much  of  the  Constitution  as  is  contained  in 
the  Preamble  and  Declaration  of  Rights,  be  referred  to  a  committee 
of  thirteen,  to  take  into  consideration  the  expediency  of  making  any, 
and  if  any,  what  alterations  or  amendments,  and  to  report  thereon. 

2.  Resolved,  That  so  much  of  the  Constitution  as  relates  to  the 
Frame  of  Government  and  the  General  Court,  in  section  1  of  chapter 
1,  and  also  so  much  as  relates  to  Settling  Elections  by  the  Legislature, 
in  article  7  of  section  3,  chapter  2,  be  referred  to  a  committee  of  thir 
teen,  to  take  into  consideration  the  expediency  of  making  any,  and  if 
any,  what  alterations  or  amendments,  and  to  report  thereon. 

3.  Resolved,  That  so  much  of  the  Constitution  as  relates  to  the 
Senate,  be  referred  to  a  committee  of  twenty-one,  to  take  into  consid 
eration  the  expediency  of  making  any,  and  if  any,  what  alterations  or 
amendments,  and  to  report  thereon. 

4.  Resolved,  That  so  much  of  the  Constitution  as  relates  to  the 


14  JOURNAL   OF    THE    CONVENTION.  [May  6th, 

House  of  Representatives,  be  referred  to  a  committee  of  twenty-one, 
to  take  into  consideration  the  expediency  of  making  any,  and  if  any, 
what  alterations  or  amendments,  and  to  report  thereon. 

5.  Resolved,  That  so  much  of  the   Constitution  as  relates  to  the 
Governor,  in  section  1  of  chapter  2,  except  so  much  as  relates  to  the 
Militia,  in  section  10  of  said   chapter,  and  section  9  of  said  chapter, 
concerning  appointments,  be  referred  to  a  committee  of  thirteen,  to 
take  into  consideration  the  expediency  of  making  any,  and  if  any, 
what  alterations  or  amendments,  and  to  report  thereon. 

6.  Resolved,  That  so  much  of  the   Constitution  as  relates  to  the 
Militia,  in  section  1  of  chapter  2,  article  10,  be  referred  to  a  committee 
of  thirteen,  to  take  into  consideration  the  expediency  of  making  any, 
and  if  any,  what  alterations  or  amendments,  and  to  report  thereon. 

7.  Resolved,  That  so  much  of  the  Constitution  as  relates  to  the 
Lieutenant-Governor,  be  referred  to  a  committee  of  thirteen,  to  take 
into  consideration  the  expediency  of  making  any,  and  if  any,  what 
alterations  or  amendments,  and  to  report  thereon. 

8.  Resolved,  That  so  much  of  the   Constitution  as  relates  to  the 
Council,  in  sections  2,  3  and  4  of  chapter  2,  except  article  7  of  section 
3,  be  referred  to  a  committee  of  thirteen,  to  take  into  consideration 
the  expediency  of  making  any,  and  if  any,  what  alterations  or  amend 
ments,  and  to  report  thereon. 

9.  Resolved,  That  so  much   of  the   Constitution  as  relates  to  the 
Secretary  and  Treasurer,  in  section  4  of  chapter  2,  and  the  Attorney- 
General,  Solicitor-General,   Sheriffs,   Coroners,  Registers  of  Probate 
and  Notaries  Public,  being  article  9  of  section  1,  chapter  2,  be  referred 
to  a  committee  of  thirteen,  to  take  into  consideration  the  expediency 
of  making  any,  and  if  any,  what  alterations  or  amendments,  and  to 
report  thereon. 

10.  Resolved,  That  so  much  of  the  Constitution  as  relates  to  the 
Judiciary   Power,  chapter  3,  and  the  two  last  clauses  of  article  13, 
section  1,  chapter  2,  relating  to  Salaries,  be  referred  to  a  committee  of 
thirteen,  to  take  into  consideration  the  expediency  of  making  any, 
and  if  any,  what  alterations  or  amendments,  and  to  report  thereon. 

11.  Resolved,  That  so  much  of  the  Constitution  as  relates  to  the 
University  at  Cambridge,  being  chapter  5,  section  2,  be  referred  to  a 
committee  of  thirteen,  to  take  into  consideration  the  expediency  of 
making  any,  and  if  any,  what  alterations   or  amendments,  and  to 
report  thereon. 

12.  Resolved,  That  so  much  of  the  Constitution  as  relates  to  the 
Encouragement  of  Literature,  being  chapter  5,  section  2,  be  referred 
to  a  committee  of  thirteen,  to  take  into  consideration  the  expediency 


1853.]  JOURNAL    OF    THE    CONVENTION.  15 

of  making  any,  and  if  any,  what  alterations  or  amendments,  and  to 
report  thereon. 

13.  Resolved,    That  so   much   of    the    Constitution   as   relates  to 
Oaths  and    Subscriptions,    Incompatibility  of,   and   Exclusion  from 
Office,  Pecuniary   Qualifications,  Commissions,  Writs,  Confirmation 
of  Laws,  Habeas  Corpus,  and  the  Enacting  Style,  including  the  eight 
first  articles  in  chapter  6,  be  referred  to  a  committee  of  thirteen,  to 
take  into  consideration  the  expediency  of  making  any,  and  if  any, 
what  alterations  or  amendments,  and  to  report  thereon. 

14.  Resolved,  That  so  much  of  the    Constitution  as  relates  to  the 
Qualifications  of  Voters,  being  article  9  of  chapter  6,  be  referred  to  a 
committee  of  thirteen,  to  take  into  consideration  the  expediency  of 
making  any,  and  if  any,  what  alterations  or  amendments,  and  to  re 
port  thereon. 

15.  R,e solved,    That    so   much   of   the    Constitution   as  relates   to 
Amendments  of  the   Constitution  and  Enrolment,  being  articles  10 
and  11   of  chapter  6,  be  referred  to  a  committee  of  thirteen,  to  take 
into  consideration  the  expediency  of  making  any,  and  if  any,  what 
alterations  or  amendments,  and  to  report  thereon. 

On  motion  of  Mr.  WILSON,  the  Report  was  laid  upon  the  table, 
and  ordered  to  be  printed. 

The  PRESIDENT  announced  the  appointment  of  the  following  gen 
tlemen,  to  constitute  the  Committee  under  the  Order  offered  yesterday 
by  Mr.  Gourgas,  of  Concord,  to  consider  and  report  what  measures  it 
is  desirable  for  the  Convention  to  adopt,  to  preserve  and  perpetuate 
its  records,  viz. : — 

Messrs.  Gourgas,  of  Concord,  Upham,  of  Salem,  Frothingham, 
of  Charlestown,  Dana,  member  for  Manchester,  and  Eames,  of 
Washington. 

The  Order  offered  yesterday  for  the  appointment  of  a  committee 
to  procure  the  Hall  of  the  Lowell  Institute  for  the  sittings  of  the 
Convention,  was  taken  up  for  consideration,  and,  on  motion  of  Mr. 
GARDNER,  of  Seekonk,  it  was  laid  upon  the  table. 

Mr.  GARDNER  then  moved,  that  when  the  Convention  adjourn  on 
Monday  next,  it  adjourn  to  meet  on  the  24th  of  this  month  at  twelve 
o'clock.  And  the  question  being  taken,  one  hundred  and  twenty- 
three  members  voted  in  favor  of  the  motion,  and  two  hundred  and 
twenty-five  members  voted  against  it ;  so  it  was  rejected. 

On  motion  of  Mr.  HALLETT,  member  for  Wilbraham,  the  Order 
offered  by  him  yesterday,  for  the  appointment  of  a  committee  to 
confer  with  a  committee  of  the  House  of  Representatives,  was  taken 
up  for  consideration,  and  was  adopted. 


16  JOURNAL    OF    THE    CONVENTION.  [May  6th, 

The  PRESIDENT  appointed  the  following  gentlemen  to  constitute 
the  Committee  of  Conference,  viz.  : — 

Messrs.  Hallett,  member  for  Wilbraham,  Briggs,  of  Pittsfield, 
Sumner,  member  for  Marshfield,  Sumner,  member  for  Otis,  and  Gray, 
of  Boston. 

On  motion  of  Mr.  KNOWLTON,  of  Worcester,  the  Report  of  the 
Committee  upon  the  Mode  of  Proceeding  to  the  Revision  of  the  Con 
stitution,  was  taken  from  the  table,  and,  on  motion  of  the  same  gen 
tleman,  the  vote  by  which  the  Convention  ordered  the  Report  to  be 
printed,  was  reconsidered,  and  the  Report,  with  the  accompanying 
Resolutions,  \vas  adopted. 

The  Order  offered  yesterday  by  Mr.  THOMPSON,  of  Charlestown, 
concerning  the  election  of  Messenger,  was  taken  up,  and  having  been 
modified  so  as  to  provide  that  the  election  shall  take  place  at  eleven 
o'clock  on  Saturday,  was  adopted. 

On  motion  of  Mr.  LADD,  of  Cambridge, 

Ordered,  That  the  Report  of  Debates  in  the  Convention,  published 
by  Messrs.  White  and  Potter,  be  added  to  the  list  of  weekly  papers 
to  be  furnished  to  the  members  of  the  Convention. 

On  motion  of  Mr.  THOMAS,  of  Weymouth,  the  rules  were  sus 
pended  for  the  purpose  of  considering  the  Order  offered  by  Mr.  Bates, 
of  Plymouth,  for  the  issuing  of  a  precept  to  the  town  of  Berlin  ;  and 
the  Order  was  then  adopted. 

Afterwards,  on  motion  of  Mr.  BARTLETT,  of  Boston,  the  vote  was 
reconsidered. 

On  motion  of  Mr.  CROWNINSHIELD,  of  Boston,  the  Order  was  refer 
red  to  a  special  committee,  with  instructions  to  report  on  Monday. 

The  PRESIDENT  appointed  the  committee,  consisting  of  the  follow 
ing  gentlemen,  viz. :  Messrs.  Allen,  of  Worcester,  Bartlett,  of  Bos 
ton,  Sumner,  member  for  Otis,  Crowninshield,  of  Boston,  Butler,  of 
Lowell,  Huntington,  of  Northampton,  and  Walcott,  of  Salem. 

An  Order  offered  by  Mr.  THOMAS,  of  Weymouth,  that  the  Secretary 
be  directed  to  notify  the  town  of  Berlin,  that  Hon.  Henry  Wilson, 
Delegate  elected  from  that  town,  has  resigned  his  seat, 

And  an  Order  offered  by  Mr.  KINSMAN,  of  Newburyport,  instructing 
the  committee  under  the  Order  concerning  the  vacancy  in  Berlin,  to 
consider  and  report  upon  the  expediency  of  filling  such  other  vacan 
cies  as  may  exist  in  the  Convention,  from  the  different  towns  and 
cities  in  the  Commonwealth,  were  considered,  the  rules  being  sus 
pended  for  that  purpose ;  and  the  Order  offered  by  Mr.  THOMAS  was 


1853.]  JOURNAL    OF    THE    CONTENTION.  17 

referred  to  the  special  committee,  and  the  Order  offered  by  Mr.  KINS 
MAN  was  adopted. 

On  motion  of  Mr.  MORTON,  of  Fairhaven, 

Ordered,  That  when  the   Convention  adjourn,  it  adjourn  to  meet 
to-morrow  at  ten  o'clock  in  the  forenoon. 

And  then,  on  motion  of  Mr.  HALE,  of  Bridgewater,  the  Convention 
adjourned. 


SATURDAY,  May  7,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  LIVERMORE,  of  Cambridge,  announced  that  he  had  been  author 
ized  by  Edwin  P.  Whipple,  the  Superintendent  of  the  Merchants'  Ex 
change  Reading-Room,  to  invite  the  members  to  visit  that  room  at 
their  pleasure,  during  the  sittings  of  the  Convention. 

On  motion  of  Mr.  EARLE,  of  Worcester, 

Ordered,  That  the  thanks  of  the  Convention  be  presented  to  Mr. 
Whipple,  for  the  invitation. 

The  PRESIDENT  read  a  communication  from  J.  T.  ROBINSON,  an 
nouncing  his  acceptance  of  the  office  of  Secretary ;  and,  on  motion 
of  Mr.  GOURGAS,  of  Concord,  the  oath  of  office  was  administered  to 
him. 

The  PRESIDENT  appointed  Mr.  Bishop,  of  Lenox,  a  member  of  the 
committee,  to  confer  with  a  committee  of  the  House  of  Representa 
tives,  in  relation  to  the  use  of  the  hall  of  the  House  by  the  Conven 
tion,  in  place  of  Mr.  Hallett,  member  for  Wilbraham,  who  declined  to 
serve. 

Mr.  BROWN,  of  Dracut,  offered  an  Order,  which  was  laid  over, 
authorizing  the  Secretary  to  furnish  each  member  with  a  copy  of 
A.  S.  Barnes  &  Co.'s  edition  of  the  Constitutions  of  the  several  States. 

Mr.  NOYES,  of  Newbury,  moved  that  when  the  Convention  adjourn, 
it  adjourn  to  meet  at  ten  o'clock  on  Monday. 

On  motion  of  Mr.  WESTON,  of  Duxbury,  sustained  by  a  vote  of 
one  hundred  and  thirty-nine  in  the  affirmative,  and  ninety-three  in  the 
negative,  the  motion  of  Mr.  Noyes  was  laid  upon  the  table. 

Mr.  WESTON  then  moved  to  take  from  the  table  the  Order  offered  by 
Mr.  Bartlett,  of  Boston,  for  the  appointment  of  a  committee  to  pro 
cure  the  use  of  the  hall  of  the  Lowell  Institute  ;  and  his  motion  was 
2 


18  JOURNAL   OF   THE    CONVENTION.  [May  7th, 

agreed  to  by  a  vote  of  one  hundred  and  forty-two  in  the  affirmative, 
to  one  hundred  and  four  in  the  negative. 

Mr.  THOMPSON,  of  Chariestown,  called  for  the  special  assignment, 
which  was  the  election  of  Messenger;  but  on  motion  of  Mr.  GOURGAS, 
of  Concord,  the  assignment  was  laid  upon  the  table. 

The  question  then  being  upon  the  adoption  of  the  Order  offered  by 
Mr.  Bartlett,  it  was  rejected,  by  a  vote  of  one  hundred  and  eleven 
in  the  affirmative,  to  one  hundred  and  seventy-five  in  the  negative. 

On  motion  of  Mr.  NOYES,  of  Newbury,  his  motion  concerning  the 
hour  of  adjournment  was  taken  from  the  table.  Mr.  SIMONDS,  of  Bed 
ford  moved  as  an  amendment,  that  when  the  Convention  adjourn,  it- 
adjourn  to  meet  at  seven  o'clock  in  the  afternoon  on  Monday ;  but  the 
amendment  was  rejected,  and  the  motion  of  Mr.  Noyes  was  then 
agreed  to. 

On  motion  of  Mr.  WOOD,  of  Fitchburg,  the  Order  concerning  the 
election  of  Messenger  was  taken  from  the  table.  Mr.  CHURCHILL,  of 
Milton,  moved  that  the  further  consideration  of  the  subject  be  post 
poned  until  Monday,  at  eleven  o'clock;  but  the  motion  was  rejected^ 
by  a  vote  of  one  hundred  and  seven  in  the  affirmative,  to  one  hundred 
and  eighty-nine  in  the  negative. 

The  PRESIDENT  appointed  the  following  gentlemen  a  committee  to 
receive,  sort  and  count  the  votes  for  Messenger,  viz. :  Messrs.  Thomp 
son,  of  Chariestown,  Kuhn,  of  Boston,  Churchill,  of  Milton,  Oliver,  of 
Lawrence,  and  Griswold,  of  Buckland.  The  committee  afterwards 
reported  as  follows  : — 

Whole  number  of  votes,  .......  288 

Necessary  for  a  choice,     .......  145 

Benjamin  Stevens,  has 284 

Albion  M.  Merrill,  has 1 

Timothy  R.  Page,  has 1 

John  R.  Bulkley,  has 1 

J.  S.  Poole,  has 1 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  President  be  directed  to  notify  the  Speaker  of 
the  House  of  Representatives  of  the  appointment  of  a  committee  on 
the  part  of  the  Convention,  to  confer  with  that  body  in  regard  to  the 
occupancy  of  this  hall  by  the  Convention. 

On  motion  of  Mr.  HOOPER,  of  Fall  River,  the  Report  of  the  Com 
mittee  upon  Rules  and  Orders  was  taken  from  the  table,  and  amend 
ments  were  adopted,  as  follow  : — 


1853.]  JOURNAL    OF    THE    CONVENTION.  19 

On  motion  of  Mr.  HALL,  of  Haverhill,  the  word  "House,"  in  the 
first  line  of  the  forty-fifth  rule  was  stricken  out,  and  the  word  "  Con 
vention"  substituted  in  its  place; 

On  motion  of  Mr.  SCHOULER,  of  Boston,  the  words  "and  such 
motion  shall  be  placed  first  in  the  Orders  of  the  Day  succeeding  that 
on  which  the  motion  is  made,"  were  inserted  after  the  word  '-day,"  in 
the  fourth  line  of  the  twenty -fourth  rule; 

On  motion  of  Mr.  GRAY,  of  Boston,  the  following  was  added  to 
the  seventh  rule — "  The  names  of  members  shall  be  called  in  alpha 
betical  order "; 

On  motion  of  the  same  gentleman,  the  words,  "to  suspend  any 
rule,"  were  inserted  after  the  words  "lay  on  the  table,"  in  the  third 
line  of  the  eleventh  rule ; 

On  motion  of  Mr.  WILSON,  of  Natick,  the  words,  "of  the  majority," 
were  struck  oat  of  the  second  line  of  the  twenty-fourth  rule. 

Pending  the  consideration  of  these  amendments,  Mr.  HUBBARD,  of 
Boston,  moved  to  recommit  the  twenty-fourth  rule  to  the  committee; 
but  the  motion  was  rejected,  by  a  vote  of  ninety-six  in  the  affirmative 
to  one  hundred  and  thirty-one  in  the  negative. 

The  Report  was  then  adopted,  as  follows: — 

Of  the  President. 

1.  The   President  shall  take   the   chair  every  day  at  the  hour  to 
which  the  Convention  shall  have  adjourned  ;  shall  call  the  members 
to  order;  and  on  the  appearance  of  a  quorum,  shall  cause  the  Journal 
of  the  preceding  day  to  be  read,  and  proceed  to  business. 

2.  He  shall  preserve  decorum  and  order;  may  speak  to  points  of 
order  in  preference  to  other  members;  and  shall  decide  ail  questions 
of  order,  subject  to  an  appeal  to  the  Convention  on  motion  regularly 
seconded ;  and  no  other  business  shall  be  in  order  till  the  question  on 
the  appeal  shall  have  been  decided. 

3.  He  shall  declare  all  votes  ;  but  if  any  member  doubts  a  vote,  the 
President  shall  order  a  return  of  the  number  voting  in  the  affirmative, 
and  in  the  negative,  without  any  further  debate  upon  the  question. 
When  a  vote  is  doubted,  the  members  for  or  against  the  question, 
when  called  by  the  President,  shall  rise  and  stand  uncovered  till  they 
are  counted. 

4.  He  shall  rise  to  put  a  question,  or  to  address  the   Convention, 
but  may  read  sitting. 

5.  In  all  cases  the  President  may  vote. 

6.  When  the  Convention  shall  determine  to  go  into  Committee  of 
the  Whole,  the  President  shall  appoint  the  member  who  shall  take 
the  chair. 

7.  On  all  questions  and  motions  whatsoever,  the  President  shall  take 
the  sense  of  the  Convention  by  yeas  and  nays,  provided  one-fifth  of 


20  JOURNAL   OF    THE    CONVENTION.  [May  7th, 

the  members  present  shall  so  require.  When  the  yeas  and  nays  are 
taken,  no  member  shall  be  allowed  to  vote,  who  shall  have  entered 
the  Convention  after  the  calling  of  the  roll  is  finished.  The  names 
of  members  shall  be  called  in  alphabetical  order. 

8.  He  shall  propound  all  questions,  in  the  order  in  which  they  are 
moved,  unless  the  subsequent  motion  be  previous  in  its  nature ;  ex 
cept  that,  in  naming  sums  and  fixing  times,  the  largest  sum  and  the 
longest  time  shall  be  put  first. 

9.  After  a  motion  is  stated  or  read  by  the  President,  it  shall  be 
deemed  to  be  in  possession  of  the  Convention,  and  shall  be  disposed 
of  by  vote  of  the  Convention :  but  the  mover  may  withdraw  it  at 
any  time  before  a  decision  or  amendment,  except  a  motion  to  recon 
sider,  which  shall  not  be  withdrawn  after  the  time  has  elapsed  within 
which  it  could  be  originally  made, 

10.  When  a  question  is  under  debate  the   President  shall  receive 
no  motion,  but  to  adjourn,  to  lay  on  the  table,  for  the  previous  ques 
tion,  to  postpone  to  a  day  certain.,  to  commit,  to  amend,  or  to  post 
pone  indefinitely;  which  several  motions  shall  have  precedence  in  the 
order  in  which  they  stand  arranged. 

11.  He  shall  consider  a  motion  to  adjourn  as  always  in  order  ;  and 
that  motion,  and  the  motions  to  lay  on  the  table,  to  take  up  from  the 
table,  to  suspend  any  rule,  and  for  the  yeas  and  nays,  shall  be  decided 
without  debate. 

12.  He   shall   put  the    previous   question   in    the  following  form  : 
"  Shall  the  main  question  be  now  jwt  ?" — and  all  debate  upon  the  main 
question    shall    be    suspended  until  the   previous    question   shall   be 
decided.     After  the  adoption  of  the   previous  question,  the   sense  of 
the  Convention  shall  forthwith   be  taken  upon  amendments  reported 
by  a  committee,  upon  pending  amendments,  and  then  upon  the  mail) 
question. 

13.  On  the  previous  question  no   member  shall  speak  more  than 
once  without  leave  ;  and  all  incidental  questions  of   order,  arising 
after  a  motion  is  made  for  the  previous   question,  shall  be   decided 
without  debate,  excepting  on  appeal,  and  on  such  appeal,  no  member 
shall  be  allowed  to  speak  more  than  once  without  leave  of  the  House. 

14.  When  two  or  more  members  happen  to  rise  at  once,  the  Pres 
ident  shall  name  the  member  who  is  first  to  speak. 

15.  All    committees  shall    be    appointed    and    announced    by  the 
President,  unless  otherwise  specially  directed  by  the  Convention. 

16.  The  President  shall  have  the  right  to   name  any  member  to 
perform  the  duties  of  the  Chair,  but  such  substitution  shall  not  extend 
beyond  an  adjournment. 

17.  The  President  shall  have  the  general  direction  of  the  hall  of 
the  Convention,  and  of  the  galleries.     No  person  excepting  members, 
officers,  and  attendants  of  the  Convention,  and  such  persons  as  may 
be  invited  by  the  Convention,  or  by  the   President,  shall  be   admitted 
within  the  bar  of  the  Convention.     The  chairman  of  each  Commit 
tee  of  the  Whole,  during  the  sitting  of  such  committee,  shall  have 
the  like  power  of  preserving  order  in  the  hall  and  in  the  galleries. 


1353.]  JOURNAL    OF    THE    CONVENTION.  21 

Of  Absence  of  President. 

18.  In  case  the  President  shall  be  absent  at  the  hour  to  which  the 
Convention  was  adjourned,  the  Secretary  shall  call  the  Convention  to 
order,  and  shall  preside  until  a  President  pro  tempore  shall  be  elected, 
which  shall  be  the  first  business  of  the  Convention. 

Of  Members. 

19.  A  seat  shall  be  assigned  to  each   member  in   such  manner  as 
the  Convention  shall  determine,  which  shall  not  be  changed  without 
leave  of  the  President 

20.  No  member  in  debate  shall  mention  a   member  then  present 
by  his  name,  but  may  describe   him  by  the  town   he  represents,  the 
place  he  sits  in,  or  such  other  designations  as  may  be  intelligible  and 
respectful. 

21.  Every  member  when  about  to  speak,  shall  rise  and  respectfully 
address  the   President,  shall  confine   himself  to  the  question  under 
debate,  and  avoid  personality,  and   shall   sit  down  when  he   has  fin 
ished.     No  member  shall  speak  out  of  his  place  without  leave  of  the 
President 

22.  No  member  speaking  shall   be  interrupted  by  another,  but  by 
rising  up  to  call  to  order. 

23.  No  member  shall  speak  more  than  twice  on  one  question,  with 
out  first  obtaining  leave  of  the   Convention  ;  nor  more  than  once, 
until  other  members,  who  have  not  spoken,  shall  speak,  if  they  desire 
it 

Of  Reconsideration. 

24.  When  a  vote  has  passed,  it  shall  be  in  order  for  any  member  to 
move  for  a  reconsideration   thereof,  on   the  same  or  the  succeeding 
day,  and  such  motion  shall  be  placed  first  in  the  Orders  of  the  Day 
for  the  day  succeeding  that  on  which  the   motion  is  made :  a  motion 
to  reconsider  being  rejected  shall  not  be  renewed;  nor  shall  any  sub 
ject  be  a  second  time  reconsidered:  provided,  however^  that  a  motion 
to  reconsider  a  vote,  upon  any  collateral  matter,  shall  not  remove  the 
main  subject  under  consideration   from  before  the   Convention,  but 
shall  be  considered  at  the  time  when  it  is  made. 

25.  No  member  shall  be  obliged  to  be  on  more  than  two  commit 
tees  at  the  same  time,  nor  chairman  of  more  than  one. 

26.  No  member  shall  be  permitted  to  stand  up,  to  the  interruption 
of  another,  while  any  member  is  speaking,  or  to  pass  unnecessarily 
between  the  President  of  the  Convention  and  the   person  speaking ; 
nor  shall  any  member  be  permitted  to  stand  in  the  alleys  during  the 
session  of  the  Convention. 

27.  Every  member  shall  keep  an   account  of  his  own  attendance 
and  travel,  and  deliver  the  same  to  the  committee  appointed  to  make 
up  the  pay  roll,  and  on  his  failure  so  to  do,  he  shall    be  omitted  from 
the  roll ;  and  no  member  shall  receive  pay  for  any  weekday  on  which 
he  has  not  actually  attended,  except  in  case  of  sickness. 

28.  Every  iM-mber  who  shall  neglect  to  give  his  attendance  in  the 


22  JOURNAL   OF   THE    CONVENTION.  [May  7th, 

Convention  for  more  than  six  days  after  the  session  commences,  shall, 
on  making  his  appearance  therein,  be  held  to  render  the  reason  of 
such  neglect ;  and  in  case  the  reason  assigned  shall  be  deemed  by  the 
Convention  sufficient,  such  member  shall  be  entitled  to  receive  pay 
for  his  travel,  and  not  otherwise ;  and  no  member  shall  be  absent 
more  than  two  days,  without  leave  of  the  Convention  ;  and  a  vote  of 
leave  of  absence  shall  be  inoperative,  unless  the  member  obtaining  it 
shall  avail  himself  of  it  within  five  days. 

29.  When  any^mernber  shall  be  guilty  of  a  breach  of  either  of  the 
Rules  and  Orders  of  the  Convention,  he  may  be  required  by  the  Con 
vention,  on  motion,  to  make   satisfaction  therefor,  and   shall   not  be 
allowed  tb  vote,  or  speak,  except  by  way  of  excuse,  till  he  has  done 
so. 

30.  Every  member,  who  shall  be  in  the   -Convention  when  a  ques 
tion  is  put,  shall   give  his   vote,  unless  the    Convention,  for   special 
reasons,  shall  excuse  him.     Any  member  desiring  to  be   so  excused 
on    any  question,    shall    make   application    to   that   effect  before    a 
division,  or  before  the  calling  of  the  yeas  and  nays;  and  such  appli 
cation   shall  be   accompanied  by  a  brief  statement  of  reasons,  and 
shall  be  decided  without  debate. 

31.  Every  motion  shall  be  reduced  to  writing,  if  the  President  shall 
so  direct. 

32.  Any  member  may  call  for  the  division  of  a  question  when  the 
sense  will  admit  of  it.     A  motion  to  strike  out  and  insert  shall  be 
deemed  indivisible;   but  a  motion    to    strike    out   being   lost,    shall 
neither  preclude  amendment,  nor  a  motion  to  strike  out  and  insert. 

33.  Motions  and    reports  may  be  committed,  or  recommitted,  at 
the  pleasure  of  the  Convention. 

34.  No   motion  or    proposition  of  a    subject  different   from    that 
under  consideration,  shall  be  admitted  under  color  of  amendment. 

35.  The  unfinished  business  in  which  the  Convention  was  engaged 
at  the  time  of  the  last  adjournment,  shall  have  the  preference  in  the 
Orders  of  the  Day. 

36.  No  rule   or  order  of  the  Convention  shall  be  dispensed  with, 
altered,  or  repealed,  unless  two-thirds  of  the  members  present  shall 
consent  thereto. 

37.  All  questions    relating  to  the  priority  of  business  to  be  acted 
upon,  shall  be  decided  without  debate. 

38.  Every  question   of  order  shall  be  noted  by  the  Secretary,  with 
the  decision  thereon,  and  inscribed  at  large  on  the  Journal. 

39.  It  shall  be  the  duty  of  each  member  who  moves  that  any  com 
mittee  be  instructed  to  inquire  into  the  expediency  of  amending  the 
existing  Constitution,  to  point  oat  the  amendment  which   he  deems 
expedient,  in  writing,  to  accompany  his  motion,  or  to  furnish  a  written 
statement  thereof  to  such  committee,  if  by  them  required. 

Of  Monitors. 

40.  Two  Monitors  shall  be  appointed  for  each  division,  whose  duty 
it  shall  be  to  see  the  due  observance  of  the  Rules  and  Orders  of  tbf? 


1853.]  JOURNAL   OF    THE    CONVENTION.  23 

Convention,  and  on  demand  of  the  President,  to  return  the  number 
of  votes  and  members  in  their  respective  divisions. 

41.  If  any  member  shall  transgress  any  of  the  Rules  or  Orders  of 
the  Convention,  and  persist  therein  after  being  notified  thereof  by  any 
Monitor,  it  shall  be  the  duty  of  such   Monitor  to  give  information 
thereof  to  the  Convention. 

Of  Petitions,  Memorials,  &^c. 

42.  All  papers  addressed  to  the  Convention,  except  petitions,  me 
morials  and  remonstrances,  shall  be  presented  by  the  President,  or  by 
a  member  in  his  place,  and  shall  be  read  by  the  President,  Secretary, 
or  such  other  person  as  the  President  may  request,  and  shall  be  taken 
up  in  the  order  in  which  they  were  presented,  unless  where  the  Con 
vention  shall  otherwise  direct. 

43.  Every  member,  presenting  to  the  Convention  a  petition,  me 
morial,  or  remonstrance,  shall  endorse  his  name  thereon,  with  a  brief 
statement  of  the  nature  and  object  of  the  instrument,  and  the  reading 
of  the  same  from  the  chair  shall  in  all  instances  be  dispensed  with, 
unless  specially  ordered  by  the  Convention. 

44.  All  reports,  petitions,  memorials,  remonstrances,  and  papers  of 
a  like  nature,  shall  be  presented  during  the  first  hour  of  each  session, 
and  at  no  other  time,  except  by  special  leave  of  the  Convention. 

45.  If  any  member  of  the  Convention  shall  so  request,  any  order, 
which  shall  be  proposed  for  adoption,  shall  be  passed  over  for  that  day 
without  question ;  and  the  same  shall  be  considered  and  disposed  of, 
on  the  succeeding  day,  in  the  same  manner  as  it  would  have  been  on 
the  day  on  which  it  was  offered,  if  no  objection  had  been  made. 

Of  Quorum. 

46.  Not  less  than  one  hundred  members  shall  constitute  a  quorum 
for  the  transaction  of  business. 

Of  Committees,  Reports,  and  Resolutions. 

47.  No  committee  shall  sit  during  the  sessions  of  the  Convention, 
without  special  leave. 

48.  In  all  elections,  by  ballot,  of  the  Convention,  a  time  shall  be  as 
signed  for  such  election  at  least  one  day  previous  thereto. 

49.  In  all  elections  of  committees  of  the  Convention,  by  ballot,  the 
person  having  the  highest  number  of  votes  shall  act  as  chairman,  and 
when  the  committee  is   nominated   by  the  Chair,  the  member  first 
named  shall  be  chairman. 

50.  All  papers,  relative  to  any  business  before  the  Convention,  shall 
be  left  with  the  Secretary,  by  any  member,  who  may  obtain  leave  of 
absence,  and  may  have  any  such  papers  in  his  possession. 

51.  The  rules  of  proceeding  in  the  Convention  shall  be  observed  in 
a  Committee  of  the  Whole,  so  far  as  they  may  be  applicable,  except 
the  rule  limiting  the  times  of  speaking :  but  no  member  shall  speak 
twice  upon  any  question,  until  every  member,  who  shall  not  have 
spoken,  shall  speak,  if  he  desires  it.     A  motion  to  rise,  report  progress, 


24:  JOURNAL    OF    THE    CONVENTION.  [May  9th, 

and  ask  leave  to  sit  again,  shall  be  always  first  in  order,  and  shall  be 
decided  without  debate. 

52.  Every  order  or  resolution  which  proposes  an  alteration  in  the 
Constitution,  and  all  reports  of  committees  appointed  to  consider  the 
propriety  and  expediency  of  making  any  alteration  therein,  shall  be 
considered  in  Committee  of  the  Whole  before  they  are  debated  and 
finally  acted  upon  in  Convention. 

53.  Every  resolution  proposing  any  alteration  in  the  Constitution, 
shall  be  read  on  two  several  days  before  it  is  finally  acted  upon  and 
adopted  by  the  Convention. 

On  motion  of  Mr.  LOTHROP,  of  Boston, 

Ordered,  That  when  the  Convention  adjourns,  it  adjourn  to  meet 
at  the  Music  Hall,  on  Monday,  at  the  hour  agreed  upon,  and  that  the 
Messenger  be  directed  to  make  the  necessary  arrangements  for  the 
meeting  of  the  Convention. 

Mr.  MORTON,  of  Fairhaven,  offered  an  Order,  which  was  amended 
upon  motion  of  Mr.  HUBBARD,  of  Boston,  and  adopted  in  the  follow 
ing  form,  viz. : — 

Ordered,  That  the  Secretary  cause  the  Act  calling  a  Convention 
for  revising  the  Constitution,  to  be  printed  and  bound  with  the  Rules 
and  Orders  of  the  Convention,  and  the  Committees  of  the  Conven 
tion;  likewise  the  Constitution  of  this  State  as  adopted  in  1780,  with 
the  several  amendments  since  adopted,  specifying  the  dates  thereof, 
in  the  form  printed  in  the  Revised  Statutes;  and  the  Constitution  of 
the  United  States;  also  the  names  of  the  members  of  the  Conven 
tion,  with  their  boarding  places  or  residences,  substantially  in  the 
manner  in  which  the  Rules  and  Orders  of  the  present  House  of  Rep 
resentatives  are  printed  and  bound. 

On  motion  of  Mr.  THOMPSON,  of  Charlestown,  the  Secretary  was 
directed  to  notify  Benjamin  Stevens,  Esq.,  of  his  election  to  the  office 
of  Messenger. 

On  motion  of  Mr.  MORTON,  of  Quincy,  the  Convention  adjourned. 


MONDAY,  May  9,  1853. 

Met  according  to  adjournment,  in  the  Music  Hall.  Prayer  was 
offered  by  the  Chaplain.  The  Journal  of  Saturday  was  read. 

The  PRESIDENT  read  a  communication  from  BENJAMIN  STEVENS, 
Esq.,  signifying  his  acceptance  of  the  office  of  Messenger  of  the 
Convention. 


1853.]  JOURNAL    OF    THE    CONVENTION.  25 

The  committee  appointed  to  confer  with  any  committee  of  the 
House  of  Representatives,  upon  an  arrangement  for  alternate  sessions 
of  that  body  and  of  the  Convention,  reported,  as  the  result  of  the 
conference,  that  the  House  of  Representatives  occupy  their  hall  from 
nine  o'clock  in  the  forenoon  to  three  o'clock  in  the  afternoon,  and  that 
the  Convention  occupy  the  same  from  three  o'clock  in  the  afternoon 
on  each  day  till  further  ordered. 

The  rules  being  suspended,  on  motion  of  Mr.  THOMPSON,  of 
Charlestown,  the  Report  was  considered. 

Mr.  KEYES,  member  for  Abington,  moved  that  the  Report  be  laid 
upon  the  table ;  but  the  motion  was  rejected,  by  a  vote  of  fifty-six  in 
the  affirmative  to  one  hundred  and  eighty  in  the  negative.  The 
Report  was  then  accepted. 

Mr.  ALLEN,  of  Worcester,  from  the  Special  Committee  to  which 
was  referred  the  several  Orders  respecting  the  choice  of  a  Delegate  to 
the  Convention  from  the  town  of  Berlin,  in  the  place  of  Hon.  Henry 
Wilson,  who  was  elected,  but  declines  to  act  as  such  Delegate,  arid 
the  Order  of  the  same  date  concerning  such  vacancies  as  may  exist 
in  the  delegations  from  other  towns  in  the  Commonwealth,  in  part 
performance  of  said  duty,  reported  the  following  Order: — 

Ordered,  That  the  Secretary  of  this  Convention  give  notice  to  the 
town  of  Berlin,  that  the  Hon.  Henry  Wilson,  returned  as  the  Delegate 
from  said  town,  declines  to  act  in  that  capacity. 

Pending  the  question  upon  the  acceptance  of  the  Report,  Mr. 
PARKER,  of  Cambridge,  moved  that  its  further  consideration  be  post 
poned  until  to-morrow,  at  four  o'clock  in  the  afternoon ;  but  the 
motion  was  rejected. 

After  some  further  discussion,  Mr.  LIVERMORE,  of  Cambridge,  moved 
that  the  Report  be  laid  upon  the  table;  but  the  motion  was  rejected ; 
and  the  Report,  with  the  accompanying  Order,  was  adopted. 

On  motion  of  Mr.  LIVERMORE,  of  Cambridge, 

Ordered^  That  on  and  after  to-morrow,  the  Convention  will  meet 
daily  at  the  State  House,  at  three  o'clock  in  the  afternoon,  until  other 
wise  ordered. 

The  PRESIDENT  appointed  Mr.  Hathaway,  of  Freetown,  upon  the 
committee  to  consider  the  subject  of  the  vacancies  in  the  Conven 
tion,  in  place  of  Mr.  Sumner,  member  for  Otis,  who  was  absent. 

Mr.  BUTLER,  of  Lowell,  offered  the  following  Order,  which  was  laid 
over : — 

Ordered^  That  the  Secretary  of  this   Convention,  be  directed,  in 


26  JOURNAL    OF    THE    CONVENTION.  [May  10th, 

notifying  ihc  town  of  Berlin,  to  use  substantially  the  form  herewith 
submitted : — 

HALL  OF  THE   CONSTITUTIONAL   CONVENTION,  ) 
Boston,  May  — ,  1853.      ) 

To  the  Selectmen  of  the   Toivn  of  Berlin, — 

GENTLEMEN  :  The  Hon.  Henry  Wilson,  late  Delegate  for  Berlin  in 
the  Convention  for  revising  the  Constitution,  having  tendered  his 
resignation  as  such  Delegate,  which  has  been  accepted  by  the  Con 
vention,  and  his  seat  being  thereby  vacated,  I  am  directed,  by  a  vote 
of  the  Convention,  to  request  you  to  convene  the  qualified  electors  of 
your  town,  as  soon  as  may  be  with  a  due  regard  to  notice,  in  order  to 
their  electing  and  deputing  a  Delegate  to  represent  them  in  this  Con 
vention,  in  the  manner  prescribed  by  the  second  section  of  the  Act 
calling  the  Convention,  adopted  by  the  people  on  the  second  Monday 
in  November,  A.  D.  1852. 

I  am,  very  respectfully, 

Your  obedient  servant, 

,  Secretary. 

The  Order  offered  by  Mr.  Brown,  of  Dracut,  on  Saturday,  for  sup 
plying  the  members  of  the  Convention  writh  A.  S.  Barnes  &  Co.'s 
edition  of  the  Constitutions  of  the  several  States,  was  taken  up  and 
adopted. 

Mr.  HOOPER,  of  Fall  River,  offered  the  following  Resolution,  and 
moved  that  it  be  referred  to  a  special  committee. 

Resolved,  That  it  is  expedient  so  to  revise  the  Constitution  that  in 
all  elections  by  the  people  under  it,  the  person  having  the  highest 
number  of  votes  shall  be  deemed  and  declared  to  be  elected. 

On  motion  of  Mr.  BRIGGS,  of  Pittsfield,  the  Resolution  was  laid 
upon  the  table, 

And  then,  on  motion  of  Mr.  THOMPSON,  of  Charlestown,  the  Con 
vention  adjourned. 


TUESDAY,  May  10,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  EARLE,  of  Worcester,  presented  the  Credentials  of  George  A. 
Vinton,  Delegate  from  Southbridge. 

Referred  to  the  Committee  on  Elections. 


1853.]  JOURNAL    OF    THE    CONVENTION.  27 

On  motion  of  Mr.  BATES,  of  Plymouth, 

Ordered,  That  a  committee  of  five  be  appointed,  in  connection 
with  the  Messenger,  to  assign  seats  to  members  of  the  Convention,  as 
contemplated  by  the  nineteenth  rule. 

The  PRESIDENT  read  a  communication  from  the  Speaker  of  the 
House  of  Representatives,  enclosing  the  following  Order,  adopted  by 
that  body : — 

Ordered,  That  the  members  of  the  Constitutional  Convention  be 
invited,  during  its  session,  to  avail  themselves  of  such  privileges  of 
the  Library  of  the  Commonwealth,  as  the  members  of  the  legisla 
ture  are  entitled  to. 

Mr.  ABBOTT,  of  Lowell,  presented  the  Memorial  of  James  Russell, 
of  West  Cambridge,  claiming  a  seat  in  the  Convention  ;  which  was 
referred  to  the  Committee  on  Elections. 

The  PRESIDENT  announced  the   Standing   Committees,  as  follows : 

On  so  much  of  the  Constitution  as  is  contained  in  the  Preamble  and 
Declaration  of  Rights. 

Messrs.  Sumner,  member  for  Marshfield,  Parker,  of  Cambridge, 
Hallett,  member  for  Wilbraham,  Hillard,  of  Boston,  Allen,  of  Worces 
ter,  Gray,  of  Boston,  Huntington,  of  Salem,  Rockwell,  of  Pittsfield, 
Dana,  member  for  Manchester,  Bell,  of  Sornerville,  Williams,  of 
Taunton,  Burlingame,  member  for  Northborough,  Marcy,  of  Greenwich. 

On  so  much  of  the  Constitution  as  relates  to  the  Frame  of  Government, 
Elections  by  the  Legislature,  fyc. 

Messrs.  Allen,  of  Worcester,  Upham,  of  Salem,  Wilkinson,  of 
Dedham,  Appleton,  of  Boston,  Gourgas,  of  Concord,  Hale,  of  Bridge- 
water,  Morton,  of  Fairhaven,  Plunkett,  of  Adams,  Davis,  of  Plymouth, 
Livermore,  of  Cambridge,  Bliss,  of  Longmeadow,  Nash,  of  Williams- 
burg,  Hoyt,  of  Deerfield. 

On  so  much  of  the  Constitution  as  relates  to  the  Senate. 

Messrs.  Wilson,  of  Natick,  Beach,  of  Springfield,  Stevenson,  of 
Boston,  Morton,  of  Andover,  Thompson,  of  Charlestown,  Morey,  of 
Boston,  Keyes,  member  for  Abington,  Hobart,  of  Foxborough,  How- 
land,  of  New  Bedford,  WThitney,  of  Conway,  Hooper,  of  Fall  River, 
Conkey,  of  Amherst,  Dawes,  of  Adarns,  Alley,  of  Lynn,  Pomroy, 
of  Rowe,  Waters,  of  Millbury,  James,  of  South  Scituate,  French, 
of  Canton,  Tilton,  of  Chilmark,  Crowell,  of  Dennis,  Easton,  of  Nan- 
tucket. 


28  JOURNAL    OF    THE    CONVENTION.  [May  10th, 

On  so  much  of  the  Constitution  as  relates  to  the  House  of  Representa 
tives. 

Messrs.  Griswold,  member  for  Erving,  Butler,  of  Lowell,  Hale,  of 
Boston,  Burlingame,  member  for  Northborough,  Alvord,  member  for 
Montague,  Schouler,  of  Boston,  Earle,  of  Worcester,  Bullock,  of  Roy- 
alston,  Sargent,  of  Cambridge,  Warner,  of  Wrentham,  Kinsman,  of 
Newburyport,  Ide,  of  Attleborough,  Eaton,  of  Pelham,  Parsons,  of 
Sandisfield,  Hurlburt,  of  Lee,  Wood,  of  Middleborough,  Aspinwall, 
of  Brookline,  Weeks,  of  Harwich,  Carter,  of  Chicopee,  Meader,  of 
Nantucket,  Norton,  of  Tisbury. 

On  so  much  of  the  Constitution  as  relates  to  the  Governor,  fy-c. 

Messrs.  Davis,  of  Worcester,  Crowninshield,  of  Boston,  Brown,  of 
Dracut,  Hopkinson,  of  Boston,  Tyler,  of  Pawtucket,  Loud,  of  Dor 
chester,  Denison,  of  Coleraine,  Bradbury,  of  Newton,  Boutwell,  of 
Lunenburg,  Huntington,  of  Becket,  Stephens,  of  Gloucester,  Miller, 
of  Wareham,  Langdon,  of  Monterey. 

On  so  much  of  the  Constitution  as  relates  to  the  Militia,  fyc. 

Messrs.  Oliver,  of  Lawrence,  Chapin,  of  Springfield,  Underwood, 
of  Milford,  Tyler,  of  Boston,  Churchill,  of  Milton,  Prince,  of  Win 
chester,  Abbott,  of  Danvers,  Strong,  of  Easthampton,  Bumpus,  of 
Plympton,  Stacy,  of  Gloucester,  Fellows,  of  Lowell,  Winn,  of  Wo- 
burn,  Swain,  of  Nantucket. 

On  so  much  of  the  Constitution  as  relates  to  the  Lieutenant- Gov 
ernor,  fyc. 

Messrs.  Cushman,  of  Bernardston,  Wilkins,  of  Boston,  Graves,  of 
Lowell,  Storrow,  of  Lawrence,  Gardner,  of  Seekonk,  Cole,  of  Cheshire, 
Tileston,  of  Dorchester,  Bullen,  of  Northampton,  Cooledge,  of  North 
Chelsea,  Bigelow,  of  Grafton,  Eames,  of  Washington,  Crosby,  of 
Orleans,  Perkins,  of  North  Bridgewater. 

On  so  much  of  the  Constitution  as  relates  to  the  Council,  fyc. 
Messrs.  Hallett,  member  for  Wilbraham,  Giles,  of  Boston,  De  Witt,  of 
Oxford,  Walcott,  of  Salem,  Wales,  of  Randolph,  Adams,  of  Lowell, 
Brown,  of  Medway,  Buck,  of  Lanesborough,  Kuhn,  of  Boston, 
Hobart,  of  East  Bridgewater,  Packer,  of  Leyden,  Curtis,  of  Egremont, 
Durgin,  of  Wilmington. 


1853.]  JOURNAL    OF    THE    CONVENTION.  29 

On  so  much  of  the  Constitution  as  relates  to  the  Secretary  and  Treas 
urer,  and  the  Attorney- General,  Solicitor- General,  Sheriffs,  Coroners, 
Registers  of  Probate,  and  Notaries  Public,  tyc. 

Messrs.  Bishop,  of  Lenox,  Weston,  of  Duxbury,  Eliot,  of  Boston, 
Hall,  of  Haverhill,  Bates,  of  Plymouth,  Perkins,  of  Maiden,  Brinley, 
of  Boston,  Paine,  of  Brewster,  Walker,  of  Roxbury,  Eaton,  of  South 
Reading,  Orne,  of  Marblehead,  Penniman,  of  Chelsea,  Knight,  of 
Peru. 

On  so  much  of  the  Constitution  as  relates  to  the  Judiciary,  Sfc. 

Messrs.  Morton,  of  Taunton,  Choate,  of  Boston,  Huntington,  of 
Northampton,  Bartlett,  of  Boston,  Bishop,  of  Lenox,  Greenleaf,  of 
Cambridge,  Sumner,  member  for  Otis,  Lord,  of  Salem,  Abbott,  of 
Lowell,  Chapin,  of  Worcester,  Hathaway,  of  Freetown,  Lowell,  of 
Roxbury,  Leland,  of  Holliston. 

On  so  much  of  the   Constitution  as  relates  to  the    University  at   Cam 
bridge,  fyc. 

Messrs,  Knowlton,  of  Worcester,  Sprague,  of  Boston,  Sumner, 
member  for  Otis,  Briggs,  of  Pittsfield,  Huntington,  of  Northampton, 
Beach,  of  Springfield,  Putnam,  of  Roxbury,  Braman,  of  Danvers, 
Train,  of  Framingham,  Greene,  of  Brookfield,  Ward,  of  Newton, 
Marvin,  of  Winchendon. 

On  so  much  of  the  Constitution  as  relates  to  the  Encouragement  of 

Literature. 

Messrs.  Briggs,  of  Pittsfield,  Frothingham,  of  Charlestown,  Blagden, 
of  Boston,  Lothrop,  of  Boston,  Perkins,  of  Salem,  Mason,  of  Fitch- 
burg,  Chandler,  of  Greenfield,  Copeland,  of  Roxbury,  Foster,  of 
Charlemont,  Thayer,  of  Uxbridge,  Cogswell,  of  Yarmouth,  Coggin, 
of  Tewksbury,  Wilbur,  of  Taunton. 

On  so  much  of  the  Constitution  as  relates  to  Oaths  and  Subscriptions, 
Incompatibility  and  Exclusion  from  Office,  Pecuniary  Qualifica 
tions,  8fc. 

Messrs.  Butler,  of  Lowell,  Parker,  of  Boston,  Simmons,  of  Han 
over,  Payson,  of  Rowley,  Lawton,  of  Fall  River,  Eustis,  of  Boston, 
Gooch,  of  Melrose,  Denton,  of  Chelsea,  Goulding,  of  Phillipston, 
Kingman,  of  West  Bridgewater,  Wallace,  of  Palmer,  Hurd,  of 
Brighton,  Knight,  of  Marblehead. 


30  JOURNAL    OF    THE    CONVENTION.  [May  10th, 

On  so  much  of  the   Constitution  as  relates  to  the   Qualifications  of 

Voters,  Sfc. 

Messrs.  Walker,  of  North  Brookfield,  Hubbard,  of  Boston,  Hood, 
of  Lynn,  Morss,  of  Newburyport,  French,  of  New  Bedford,  Phinney, 
of  Barnstable,  Thomas,  of  Weymouth,  Cook,  of  Boston,  Aldrich,  of 
Barre,  Morton,  of  Quincy,  Warner,  of  Stockbridge,  Phelps,  of  Monroe, 
Clarke,  of  Holyoke. 

On  so  much  of  the  Constitution  as  relates  to  Amendments  and  En 
rolment. 

Messrs.  Nay  son,  of  Amesbury,  Stetson,  of  Braintree,  Upton,  of 
Boston,  Wood,  of  Fitchburg,  Paige,  of  Boston,  Duncan,  of  Williams- 
town,  Allen,  of  Brirnfield,  Wheeler,  of  Lincoln,  Sherman,  of  Chicopee, 
Viles,  of  Lexington,  Kellogg,  of  Hadley,  Paine,  of  Brewster,  Nute, 
of  Lowell. 

Mr.  RANTOUL,  of  Beverly,  submitted  an  Order  concerning  the 
Senate,  and  an  Order  concerning  the  House  of  Representatives,  which 
were  referred  to  the  committees  having  those  subjects  in  charge,  and 
were  ordered  to  be  printed. 

The  Order  offered  by  Mr.  HOOPER,  of  Fall  River,  on  Monday,  rela 
tive  to  the  number  of  votes  required  for  an  election,  was  referred  to  a 
special  committee. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered^  That  the  committees  to  which  have  been  referred  the 
several  parts  of  the  Constitution,  be  instructed  to  meet  at  ten  o'clock, 
on  and  after  to-morrow,  until  they  make  their  final  reports,  or  until 
otherwise  ordered  by  the  Convention. 

The  Order  offered  by  Mr.  BUTLER,  of  Lowell,  yesterday,  prescribing 
a  form  of  notification  to  the  town  of  Berlin,  came  up  for  consideration. 

Mr.  BARTLETT,  of  Boston,  moved  to  amend  by  substituting  the  fol 
lowing  : — 

Ordered^  That  the  Secretary,  in  notifying  the  town  of  Berlin  of  the 
vacancy  in  the  Convention,  be  directed  to  forward  to  that  town  an  at 
tested  copy  of  the  Order  adopted  by  the  Convention  upon  that  subject. 

On  motion  of  Mr.  KEYES,  member  for  Abington,  the  consideration 
of  the  subject  was  postponed  until  to-morrow. 

On  motion  of  Mr.  WILKINS,  of  Boston,  the  Committee  on  Elections 
were  instructed  to  inquire  if  any  vacancy  or  vacancies  exist  in  the 
Boston  delegation  ;  and  if  any,  to  consider  and  report  what  measures 
it  is  proper  to  adopt  in  relation  thereto. 


1853.]  JOURNAL    OF    THE    CONVENTION.  31 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Committee  on  the  Bill  of  Rights  be  instructed 
to  consider  the  expediency  of  providing  that — 

No  distinction  shall  ever  be  made  by  law  between  resident  aliens 
and  citizens  in  reference  to  the  possession,  enjoyment,  or  descent  of 
property  ;  and  that — 

No  person  shall  be  imprisoned  for  debt  arising  out  of,  or  founded 
upon,  any  contract,  expressed  or  implied. 

On  motion  of  Mr.  THOMPSON,  of  Charlestown, 

Ordered,  That  the  Secretary  of  State  be  requested  to  furnish  to  the 
Convention  such  statistics  as  may  be  upon  the  records  of  his  office, 
relating  to  the  population,  ratable  polls,  and  valuation  of  the  several 
towns  and  cities  in  the  Commonwealth. 

On  motion  of  Mr.  EARLE,  of  Worcester,  the  list  of  Standing  Com 
mittees,  with  the  places  of  their  meeting,  were  ordered  to  be  printed. 

The  PRESIDENT  announced  the  appointment  of  the  following  gen 
tlemen  as  Monitors : — 

First  Division — Messrs.  Cushman,  of  Bernardston,  and  Prince,  of 
Winchester. 

Second  Division — Messrs.  Hall,  of.  Haverhill,  and  Train,  of 
Framingham. 

Third  Division — Messrs.  Morton,  of  Fairhaven,  and  Bumpus,  of 
Plympton. 

Fourth  Division — Messrs.  Bates,  of  Plymouth,  and  Gilbert,  of 
Plainfield. 

Fifth  Division — Messrs.  Churchill,  of  Milton,  and  Dawes,  of  Adams. 

Sixth  Division — Messrs.  Greene,  of  Brookfield,  and  Schouler,  of 
Boston. 

On  motion  of  Mr.  LIVERMORE,  of  Cambridge,  the  President  was 
authorized  to  appoint  a  Committee  on  the  Pay  Roll,  and  a  Committee 
on  Leave  of  Absence. 

Mr.  ABBOTT,  of  Lowell,  from  the  Committee  on  Elections,  submit 
ted  a  Report  on  the  subject  of  vacancies,  which  was  placed  in  the 
Orders  of  the  Day,  and  ordered  to  be  printed. 

Mr.  TYLER,  of  Pawtucket,  moved  that  when  the  Convention  ad 
journ,  it  adjourn  to  meet  at  half-past  three  o'clock  to-morrow,  but  the 
motion  was  rejected ;  and  then,  upon  motion  of  Mr.  LELAND,  of 
Holliston, 

The  Convention  adjourned. 


32  JOURNAL    OF    THE    CONVENTION.  [May  llth, 

WEDNESDAY,  May  11,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

On  motion  of  Mr.  STRONG,  of  Easthampton, 

Ordered,  That  the  Committee  under  the  13th  Resolution,  be 
instructed  to  consider  the  expediency  of  so  amending  the  Constitu 
tion  as  to  exempt  from  attachment  on  mesne  process  so  much  of  the 
freehold  estate  of  every  citizen  of  this  Commonwealth  as  shall 
amount  to  the  sum  of  five  hundred  dollars;  and  report  thereon. 

On  motion  of  Mr.  EARLE,  of  Worcester, 

Ordered,  That  the  Committee  under  the  9th  Resolution,  consider 
and  report  on  the  expediency  of  so  amending  the  Constitution  as  to 
provide  that  all  officers  recognized  by  the  portions  of  the  Constitution 
referred  to  them  shall  be  elected  by  direct  vote  of  the  people. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston, 

Ordered,  That  the  Standing  Committee  to  whom  was  referred  so 
much  of  the  Constitution  as  relates  to  the  General  Court,  be  directed 
to  consider  the  expediency  of  so  amending  the  Constitution  that  no 
session  of  the  legislature  shall  continue  a  longer  time  than  one  hun 
dred  days,  and  that  each  member  of  the  Senate  and  House  of  Rep 
resentatives  shall  receive  for  his  compensation  a  sum  not  exceeding 
two  hundred  dollars  per  annum. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  and 
the  Legislative  Power,  be  instructed  to  consider  the  expediency  of 
incorporating  into  the  section  on  the  Legislative  Powers,  the  following 
provisions : — 

The  members  of  the  legislature  shall  receive  for  their  services  a 
compensation  to  be  fixed  by  law,  and  paid  out  of  the  public  treasury ; 
but  no  increase  of  compensation  shall  take  effect  during  the  term  for 
which  the  members  of  either  House  shall  have  been  elected. 

No  senator  or  representative  shall,  during  the  term  for  which  he 
shall  have  been  elected,  be  appointed  to  any  civil  office,  by  the  gov 
ernor  or  the  legislature ;  nor  shall  any  senator  or  representative  be 
appointed,  by  the  governor  or  the  legislature,  within  one  year  after 
his  term  shall  have  expired,  to  any  office  which  shall  have  been  ere- 


1853.]  JOURNAL    OF    THE    CONTENTION.  33 

ated,  or  the  emoluments  of  which  shall  have  been  increased  during 
such  term. 

A  majority  of  each  House  shall  constitute  a  quorum  to  do  business, 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  compel 
the  attendance  of  absent  members,  in  such  manner,  and  under  such 
penalties,  as  each  House  may  provide. 

No  private  or  local  bill  which  may  be  passed  by  the  legislature, 
shall  embrace  more  than  one  subject,  and  that  shall  be  expressed  in 
the  title ;  and  no  law  shall  be  revised  or  amended  by  reference  to  its 
title  ;  but,  in  such  case,  the  act  revised,  or  the  section  amended,  shall 
be  re-enacted  and  published  at  length. 

On  motion  of  Mr.  CHURCHILL,  of  Milton, 

Ordered,  That  the  Committee  on  the  Qualifications  of  Voters,  be 
instructed  to  inquire  into  the  expediency  of  so  amending  the  Consti 
tution  as  to  provide  for  the  freedom  of  the  ballot,  in  conformity  with 
the  provisions  of  the  Act  entitled  "  An  Act  for  the  better  security  of 
the  Ballot,"  passed  in  1851,  and  the  Act  in  addition  thereto,  passed 
in  1852. 

On  motion  of  Mr.  HALL,  of  Haverhill, 

Ordered,  That  the  Committee  on  the  Secretary,  Treasurer,  &c.,  be 
instructed  to  inquire  into  the  expediency  of  recognizing,  in  the  Con 
stitution,  an  additional  officer,  to  be  designated  as  Auditor  or  Comp 
troller,  and  report  thereon. 

On  motion  of  Mr.  ELY,  of  Westfield, 

Ordered,  That  the  Committee  under  the  14th  Resolution,  relating 
to  the  Qualifications  of  Voters,  be  instructed  to  consider  the  expedi 
ency  of  so  amending  the  Constitution  as  to  require  no  tax  qualifica 
tion  to  constitute  a  legal  voter  in  this  Commonwealth,  and  report 
thereon. 

On  motion  of  Mr.  BROWN,  of  Dracut, 

Ordered,  That  a  special  committee  of  thirteen  be  appointed,  to 
inquire  and  report  to  the  Convention  upon  the  expediency  of  so 
amending  the  Constitution  that  the  legislature  shall  have  no  right  to 
loan  the  credit  of  the  State  to  any  individual  or  corporation,  or  to 
contract  any  debt,  for  any  purpose  except  to  carry  on  the  government 
and  defray  its  necessary  expenses,  or  to  repel  invasion,  or  to  suppress 
insurrection. 

On  motion  of  Mr.  GOURGAS,  of  Concord, 
3 


34  JOURNAL   OF    THE    CONVENTION.  [May  llth, 

Ordered,  That  the  Committee  who  have  under  consideration  so 
much  of  the  Constitution  as  relates  to  the  amendment  thereof,  con 
sider  the  expediency  of  providing,  that  in  the  general  election  which 
shall  be  held  in  the  year  1866,  and  every  fifteenth  year  thereafter,  and 
also  at  such  other  times  as  the  legislature  may  by  law  provide,  the 
question — "  Shall  there  be  a  Convention  to  revise  the  Constitution  and 
amend  the  same  ?"  shall  be  submitted  to  the  electors  qualified  to  vote 
for  members  of  the  legislature ;  and,  in  the  event  that  a  majority  of 
the  electors  so  qualified,  voting  at  such  election,  shall  decide  in  favor 
of  a  Convention  for  such  purpose,  the  legislature,  at  its  session  next 
ensuing  after  such  decision,  shall  provide  by  law  for  the  election  of 
delegates  to  such  Convention. 

Mr.  EARLE,  of  Worcester,  offered  the  following  Resolutions,  which 
were  referred  to  the  appropriate  committees. 

Resolved,  That  in  the  apportionment  of  senators  in  the  general 
court,  the  distribution  should  be  made  in  proportion  to  the  number 
of  qualified  voters  in  the  several  sections  of  the  Commonwealth. 

Resolved,  That  in  the  organization  of  the  House  of  Representa 
tives,  the  apportionment  should  be  made  according  to  the  number  of 
qualified  voters  in  the  several  cities  and  towns  of  the  Commonwealth. 

Mr.  WARD,  of  tyewton,  asked  to  be  excused  from  serving  upon  the 
Committee  upon  the  University  at  Cambridge,  and  Mr.  PAINE,  of 
Brewster,  asked  to  be  excused  from  serving  upon  the  Committee  upon 
the  Secretary,  Treasurer,  &c.,  and  upon  the  Committee  on  Amend 
ments  of  the  Constitution  ;  and  their  requests  were  granted. 

Mr.  Morton,  of  Fairhaven,  was  appointed  Monitor  of  the  Fourth 
Division,  in  place  of  Mr.  French,  of  Stoughton,  who  declined  to  serve. 

On  motion  of  Mr.  GARDNER,  of  Seekonk,  the  Order  offered  by  Mr. 
Butler,  of  Lowell,  prescribing  a  form  of  notification  to  the  town  of 
Berlin,  was  taken  up,  arid  after  debate,  the  amendment  offered  by  Mr. 
Bartlett,  of  Boston,  was  rejected,  and  the  Order  was  adopted. 

The  Orders  of  the  Day  were  taken  up,  the  first  matter  being  the 
Report  of  the  Committee  on  Elections  on  the  subject  of  vacancies. 

Mr.  LADD,  of  Cambridge,  moved  to  recommit  the  Report  to  the 
Committee,  with  instructions  to  report  a  vacancy  in  the  delegation 
from  the  town  of  Walpole. 

Pending  the  question  upon  this  motion,  on  motion  of  Mr.  BROWN, 
of  Dracut,  the  subject  was  postponed  until  to-morrow. 

Mr.  TRAIN,  of  Framingham,  moved  a  reconsideration  of  the  vote 
by  which  the  Convention  adopted  the  Order  of  Mr.  Butler,  of  Lowell, 
prescribing  a  form  of  notice  to  the  town  of  Berlin. 


1353.]  JOURNAL    OF    THE    CONVENTION.  35 

Mr.  THOMAS,  of  Weymouth,  moved  a  suspension  of  the  rule  of  the 
Convention,  that  the  subject  might  be  immediately  considered ;  but 
the  motion  was  rejected  by  a  vote  of  one  hundred  and  forty-five  in  the 
affirmative  to  eighty-eight  in  the  negative;  two-thirds  of  the  members 
not  voting  in  the  affirmative. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Order  of  the  10th  inst. 
concerning  the  time  of  meeting  of  the  committees,  was  so  far  modi 
fied  as  to  allow  the  said  committees  to  arrange  the  hour  of  meeting. 

Mr.  APPLETON,  of  Boston,  presented  a  communication  from  Henry 
B.  Rogers,  a  Delegate  from  the  city  of  Boston  ;  which  was  referred  to 
the  Committee  on  Elections. 

The  PRESIDENT  announced  the  following  gentlemen  as  the  com 
mittee  on  procuring  seats  for  the  members.  Messrs.  Bates,  of  Ply 
mouth,  Gardner,  of  Boston,  Earle,  of  Worcester,  Bennett,  of  Hub- 
bardston.  Peabody,  of  Salem,  Jackson,  of  Roxbury,  and  Case,  of  New 
Bedford. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  adjourned. 


THURSDAY,  May  12,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  SCHOULER,  of  Boston,  presented  the  Petition  and  Memorial  of 
John  W.  Le  Barnes,  and  four  hundred  others,  citizens  of  Boston, 
asking  that  the  doctrines  of  no  religion  shall  be  established  or  recom 
mended  in  the  Constitution,  and  that  no  religious  or  ecclesiastical 
interference  with  the  laws  of  the  State,  its  official  institutions,  or  its 
public  schools,  shall  be  hereafter  possible  in  this  Commonwealth. 

Mr.  FRENCH,  of  New  Bedford,  presented  the  Petition  of  Francis 
Jackson,  and  fourteen  hundred  and  seven  others,  asking  to  have  the 
word  "  male  "  struck  out  of  the  Constitution. 

Mr.  KEYES,  member  for  Abington,  presented  the  Petition  of  Harriet 
L.  Randall,  and  two  hundred  and  three  others,  women  and  men  of 
Abington,  making  the  same  request. 

Mr.  WILSON,  of  Natick,  presented  the  Petition  of  James  B.  Allen,  and 
others,  citizens  of  Boston,  for  the  abolition  of  imprisonment  for  debt. 

These  Petitions  were  severally  referred  to  the  Committee  on  the 
Bill  of  Rights. 

On  motion  of  Mr.  DAVIS,  of  Plymouth,  the  Committee  upon  the 
Bill  of  Rights  were  instructed  to  consider  the  expediency  of  declaring 


36  JOURNAL    OF    THE    CONVENTION.  [May  12th, 

"that  the  legislature  shall  pass  no  law  recognizing  a  distinction  in  the 
rights  of  citizens  solely  on  account  of  color  or  caste,  and  that  no  rule 
or  regulation  made  by  inn-keepers,  common  carriers,  municipal  or 
other  public  institutions,  or  made  for  public  schools,  lectures,  exhibi- 
ions  or  amusements,  founded  solely  upon  color  or  birth,  shall  be  recog 
nized  in  this  Commonwealth. 

On  motion  of  Mr.  FRENCH,  of  New  Bedford, 

Ordered,  That  the  Committee  on  the  Judiciary  Power  be  instructed 
to  inquire  into  the  expediency  of  electing  all  our  judges  by  the  peo 
ple,  and  report  thereon. 

On  motion  of  the  same  gentleman, 

Ordered,  That  the  Committee  on  the  Qualifications  of  Voters,  be 
instructed  to  inquire  into  the  expediency  of  having  the  same  manner 
of  voting  apply  to  the  election  of  county,  town  and  city  officers,  who 
are  elected  by  ballot,  as  by  the  Acts  of  1851  and  1852,  apply  to  the 
election  of  State  and  United  States  officers,  and  report  thereon. 

On  motion  of  Mr.  ALVORD,  member  for  Montague, 

Ordered,  That  the  Committee  on  Attorney-General,  Solicitor- 
General,  Sheriffs,  Coroners,  Registers  of  Probate  and  Notaries  Public, 
be  instructed  to  consider  the  expediency  of  incorporating  into  the 
Constitution  provisions  for  the  election  by  the  people,  of  Judges  of 
Probate,  Commissioners  of  Insolvency,  Clerks  of  the  Courts,  District- 
Attorneys,  and  all  other  county  and  district  officers,  and  report  thereon. 

On  motion  of  Mr.  DUNCAN,  of  Williamstown, 

Ordered,  That  the  Committee  on  the  Qualifications  of  Voters,  be 
instructed  to  consider  the  expediency  of  amending  article  9  of  chapter 
6,  by  the  addition  of  the  following  clause: — 

"  Provided,  however,  That  for  the  purpose  of  voting,  no  person  shall 
be  deemed  to  have  gained  or  lost  a  residence  by  reason  of  his  presence 
or  absence  while  employed  in  the  army  or  navy  of  the  United  States, 
nor  while  engaged  in  navigating  the  waters  of  this  State,  or  of  the 
United  States,  or  of  the  high  seas,  nor  while  a  member  of  any  semi 
nary  of  learning." 

On  motion  of  Mr.  MORTON,  of  Quincy, 

Ordered,  That  the  Messenger  be  directed  to  furnish  to  each  mem 
ber  of  the  Convention  a  regular  file  of  all  the  documents  which  have 
been  or  may  be  printed  by  order  of  this  body. 

Mr.  ALLEN,  of  Worcester,  from  the  special  committee  on  the   sub- 


1853.]  JOURNAL    OF    THE    CONVENTION.  37 

ject  of  filling  vacancies  in  the  Convention,  submitted  a  Report, 
concluding  with  a  recommendation,  that  no  action  be  taken  upon  the 
subject  by  the  Convention  at  the  present  time. 

The  same  gentleman,  from  the  Committee  on  the  Frame  of  Gov 
ernment,  submitted  a  Report  on  the  subject  of  the  name — "  The 
Commonwealth  of  Massachusetts,"  recommending  that  it  be  retained 
in  the  Constitution  ;  which  Reports  were  read,  and  placed  in  the 
Orders  of  the  Day  for  to-morrow. 

Mr.  SIMONDS,  of  Bedford,  presented  a  series  of  Resolutions  relating 
to  election  returns. 

Referred  to  the  Committee  on  Elections. 

On  motion  of  Mr.  BROWN,  of  Dracut,  the  Convention  proceeded  to 
the  consideration  of  the  Report  of  the  Committee  on  Elections,  the 
pending  question  being  the  motion  of  Mr.  LADD,  of  Cambridge,  to 
recommit  the  Report,  with  instructions  to  report  a  vacancy  in  the 
delegation  from  the  town  of  Walpoie. 

After  debate,  the  motion  was  rejected,  and  the  Report  was  then 
accepted. 

On  motion  of  Mr.  LIVERMORE,  of  Cambridge,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day  ;  the  first  matter 
being  the  motion  of  Mr.  TRAIN,  of  Framingham,  that  the  vote  by 
which  the  form  of  notice  to  the  town  of  Berlin  was  adopted,  be 
reconsidered. 

Without  disposing  of  the  subject,  upon  motion  of  Mr.  DURGIN,  of 
Wilmington, 

The  Convention  adjourned. 


FRIDAY,  May  13,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  BATES,  of  Plymouth,  from  the  committee  to  whom  was  referred 
the  subject  of  assigning  seats  to  the  members,  submitted  the  following 
Report : — 

They  recommend  that  after  reserving  twelve  seats  to  be  given  to 
those  who  were  members  of  the  Convention  of  1820,  and  those  who 
are  aged  and  infirm,  the  remainder  be  distributed  by  lot,  in  the 
manner  now  provided  for  seating  members  of  the  House  of  Rep 
resentatives. 

On  motion  of  Mr.  LIVERMORE,  of  Cambridge,  the  rules  were  sus 
pended,  and  the  Report  considered  and  accepted. 


38  JOURNAL    OF    THE    CONVENTION.  [May  13th, 

Afterwards,  Mr.  BATES,  from  the  same  committee,  offered  an  Order 
for  the  appointment  of  a  committee  to  proceed  to  the  drawing  of 
seats. 

Mr.  THOMPSON,  of  Charlestown,  offered  an  amendment,  and  then, 
upon  motion  of  Mr.  HOOPER,  of  Fall  Eiver,  the  Order  was  recommit 
ted  to  the  committee. 

On  motion  of  Mr.  COLE,  of  Cheshire, 

Ordered,  That  the  Committee  on  the  General  Court  be  instructed 
to  consider  the  expediency  of  so  amending  the  Constitution  that  no 
bill  or  resolve  of  the  Senate  and  House  of  Representatives  shall 
become  a  law  or  have  force  as  such,  until  it  shall  have  received 
a  majority  of  the  votes  of  all  the  members  of  both  branches  of  the 
legislature  elected  by  the  people. 

On  motion  of  Mr.  FRENCH,  of  New  Bedford, 

Ordered^  That  the  Committee  on  the  Bill  of  Rights  be  instructed 
to  inquire  into  the  justice  of  incorporating  into  that  instrument  pro 
visions  which  shall  effectually  secure  to  all  persons  on  Massachusetts 
soil  their  inherent  and  inalienable  rights  to  liberty,  in  all  cases  what 
soever,  except  as  a  punishment  for  crime,  and  that  they  shall  not  be 
deprived  of  that  liberty  without  trial  by  jury  and  the  application  of  all 
the  forms  and  safeguards  included  in  what  is  called  "  due  process  of 
law,"  and  report  thereon. 

On  motion  of  Mr.  HATHAWAY,  of  Freetown, 

Ordered^  That  the  Committee  on  the  Bill  of  Rights  be  instructed 
to  consider  the  expediency  of  incorporating  therein  a  declaration  that 
in  all  criminal  proceedings  for  libel,  the  truth  may  be  given  in  evidence 
to  the  jury  ;  and  if  it  shall  appear  to  the  jury  that  the  matter  charged 
as  libellous  is  true,  and  was  published  with  good  motives,  and  for 
justifiable  ends,  the  party  shall  be  acquitted. 

On  motion  of  Mr.  RICE,  of  Leverett, 

Ordered^  That  the  Committee  on  the  Senate  and  House  of  Repre 
sentatives  be  directed  to  consider  the  expediency  of  so  amending  the 
Constitution  that  those  bodies  shall  convene  not  over  ninety  days  at 
one  time,  under  pay  of  the  State  ;  that  their  compensation  shall  not 
exceed  two  dollars  and  fifty  cents  per  day,  and  that  after  the  ninety 
days  shall  have  expired,  if  the  session  is  continued,  their  services  shall 
be  gratuitous. 

On  motion  of  Mr.  EDWARDS,  of  Southampton, 


1853.]  JOURNAL    OF    THE    CONVENTION.  39 

Ordered,  That  the  Committee  on  the  House  of  Representatives  be 
directed  to  consider  the  expediency  of  so  amending  the  Constitution 
that  each  and  every  incorporated  town  shall  be  entitled  to  at  least  one 
representative  annually. 

On  motion  of  Mr.  BRADFORD,  of  Essex, 

Ordered,  That  the  Committee  on  the  Governor  be  instructed  to 
consider  the  expediency  of  so  amending  the  Constitution  that  every 
citizen  of  the  Commonwealth,  being  a  legal  voter  therein,  shall  be 
eligible  to  the  office  of  governor  thereof. 

Ordered,  That  the  Committee  on  Amendments  and  Enrolment  be 
instructed  to  consider  the  expediency  of  adding  to  article  10,  chapter 
6,  part  2,  the  words — "  Provided, that  the  people  of  the  Commonwealth 
shall  at  all  times  have  the  right  inalienable  of  making  any  revision 
and  alteration  of  this  Constitution,  by  delegates  to  be  by  them  chosen 
for  this  purpose,  in  convention  assembled." 

On  motion  of  Mr.  TRAIN,  of  Framingham, 

Ordered,  That  the  Committee  on  the  University  at  Cambridge  be 
directed  to  consider  the  propriety  and  expediency  of  expunging  from 
the  Constitution,  so  much  thereof  as  relates  to  the  University  at  Cam 
bridge. 

On  motion  of  Mr.  WALLACE,  of  Palmer, 

Ordered,  That  the  Committee  on  the  Judiciary  be  instructed  to 
consider  the  expediency  of  providing  in  the  Constitution  that  the 
judges  of  the  several  courts  of  the  Commonwealth  shall  receive  ample 
and  honorable  salaries  ;  which  shall  not  be  diminished  during  their 
continuance  in  office ;  and  report  thereon. 

On  motion  of  Mr.  DUNCAN,  of  Williamstown, 

Ordered,  That  the  Committee  on  the  Judiciary  be  directed  to  con 
sider  the  expediency  of  providing  for  the  election  of  justices  of  the 
Supreme  Court,  and  the  judges  of  the  Court  of  Common  Pleas  by 
the  legislature  upon  joint  ballot  for  the  term  of  seven  years,  in  such 
order  as  may  be  hereafter  determined :  provided,  that  no  person  shall 
be  deemed  eligible  to,  or  continued  in  such  office,  who  shall  have 
passed  the  age  of  seventy. 

On  motion  of  Mr.  BROWN,  of  Dracut, 

Ordered,  That  the  Committee  on  the  Encouragement  of  Litera 
ture  be  instructed  to  inquire  into  the  expediency  of  so  amending  the 
Constitution,  that  all  the  proceeds  of  the  sales  of  the  public  lands  in 


40  JOURNAL    OF    THE    CONVENTION.  [May  13th, 

the  State  of  Maine,  owned  by  this  State,  and  not  now  otherwise  ap 
propriated,  shall  be  appropriated  to  the  support  of  common  schools. 

On  motion  of  Mr.  LELAND,  of  Holliston, 

Ordered,  That  the  Secretaries  of  the  Convention  be  authorized  to 
employ  the  present  contractors  for  legislative  printing,  to  execute  the 
printing  for  the  Convention,  at  the  same  rate  of  compensation  fixed 
by  their  contract  for  legislative  printing. 

Mr.  GREENE,  of  Brookfield,  offered  Resolutions  concerning  the 
organization  of,  and  mode  of  electing  the  Senate.  Referred  to  the 
committee  on  that  subject. 

The  PRESIDENT  announced  the  appointment  of  the  following  Com 
mittees,  viz. : — 

On  the  Pay  Roll. 

Messrs.  Liverrnore,  of  Cambridge,  Ely,  of  Westfield,  Preston,  of 
Boston,  Pool,  of  Abington,  Hunt,  of  Weymouth,  Davis,  of  Methuen, 
and  Carmthers,  of  Salisbury. 

On  Leave  of  Absence. 

Messrs.  Fay,  of  Southborough,  Fowler,  of  Danvers,  Dean,  of  Stone- 
ham,  Crockett,  of  Boston,  Brown,  of  Tolland,  Adams,  of  Topsfield, 
and  Clarke,  of  Townsend. 

On  the  Order  offered  by  Mr.  Hooper,  of  Fall  River,  concerning'  Elec 
tions  by  Plurality. 

Messrs.  Hooper,  of  Fall  River,  Osgood,  of  Northfield,  Beebe,  of 
Boston,  Hyde,  of  Sturbridge,  Parsons,  of  Lawrence,  Edwards,  of 
Southampton,  Davis,  of  Truro,  Winslow,  of  Windsor,  Simonds,  of 
Bedford,  Breed,  of  Lynn,  Parker,  of  Chicopee,  Beal,  of  Scituate,  and 
Andrews,  of  New  Salem. 

The  PRESIDENT  appointed  Mr.  Bird,  of  Walpole,  to  serve  upon  the 
Committee  on  the  University  at  Cambridge,  in  place  of  Mr.  Ward,  of 
Newton,  excused.  Also,  Mr.  Lincoln,  of  Raynham,  to  serve  upon  the 
Committee  on  Secretary,  Treasurer,  &c.,  in  place  of  Mr.  Paine,  of 
Brewster,  excused. 

Mr.  WILSON,  of  Natick,  from  the  Committee  on  the  Senate,  sub 
mitted  a  Report  on  that  subject,  which  was  referred  to  the  Committee 
of  the  Whole,  and  ordered  to  be  printed. 

Mr.  ABBOTT,  of  Lowell,  from  the  Committee  on  Elections,  sub 
mitted  a  Report  on  the  subject  of  the  vacancy  in  Boston,  which  was 
considered  and  accepted,  as  follows : — 


1853.]  JOURNAL    OF    THE    CONVENTION.  41 

That  from  the  examination  of  a  letter  from  Henry  B.  Rogers,  one 
of  the  persons  chosen  as  a  Delegate  to  this  Convention  from  the  city 
of  Boston,  to  Hon.  William  Appleton,  a  Delegate  from  said  city, 
the  committee  are  satisfied  that  Mr.  Rogers  intended  to  decline  serv 
ing  as  a  Delegate  in  this  Convention  ;  they  therefore  report,  that  one 
vacancy  exists  in  the  delegation  from  the  city  of  Boston,  and  that  a 
notice  of  such  vacancy  be  given  from  the  Convention  to  the  authori 
ties  of  the  said  city  of  Boston,  in  the  form  to  be  determined  upon  by 
the  Convention. 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  to  meet 
on  Monday  next,  at  three  o'clock  in  the  afternoon. 

The  Convention  proceeded  to  the  Orders  of  the  Day,  the  first  mat 
ter  being  the  motion  of  Mr.  TRAIN,  of  Framingham,  to  reconsider  the 
vote  by  which  the  form  of  notice  to  the  town  of  Berlin  was  adopted. 

Without  taking  the  question, 

On  motion  of  Mr.  WILSON,  of  Natick,  the   Convention   adjourned. 


MONDAY,  May  16,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  Saturday  was  read. 

Mr.  GOURGAS,  of  Concord,  submitted  a  Report  from  the  Committee 
appointed  to  consider  the  subject  of  reporting  and  printing  the  Pro 
ceedings  and  Debates  of  the  Convention,  accompanied  by  several 
Orders,  and  on  his  motion,  the  subject  was  considered  at  the  present 
time. 

After  debate,  upon  motion  of  Mr.  SCHOULER,  of  Boston,  the  subject 
was  assigned  for  consideration  at  a  quarter  past  three  o'clock,  and  the 
Report  and  Orders  were  ordered  to  be  printed. 

The  PRESIDENT  read  a  communication  from  Hon.  Peleg  Sprague, 
one  of  the  Delegates  elected  from  the  city  of  Boston,  resigning  his 
seat  in  the  Convention,  on  account  of  the  state  of  his  health. 

On  motion  of  Mr.  BARTLETT,  of  Boston,  his  resignation  was 
accepted  by  the  Convention.  Mr.  Bartlett  further  moved,  that  the 
Secretary  give  notice  to  the  city  of  Boston  of  the  existing  vacancy. 

This  proposition  was  amended,  upon  motion  of  Mr.  FROTHINGHAM, 
of  Charlestown,  so  as  to  direct  the  Secretary  to  notify,  "  in  such  man 
ner  and  form  as  the  Convention  shall  hereafter  adopt ;"  and  the 
motion  thus  amended  was  adopted. 


42  JOURNAL    OF    THE    CONVENTION.  [May  16th, 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Committee  on  the  University  at  Cambridge,  be 
instructed  to  consider  the  expediency  of  so  amending  the  Constitu 
tion  as  to  provide,  that  the  Corporation  of  the  University  shall  consist 
(exclusive  of  the  President,  who  shall  be,  ex  officio,  a  member  of  the 
Corporation,)  of  seven  persons,  to  be  chosen  by  the  legislature  in 
joint  ballot,  for  the  term  of  seven  years,  in  such  a  manner  that  one 
shall  retire  and  the  vacancy  be  filled  each  year ;  and  to  provide,  also, 
that  a  majority  of  the  members  of  said  Corporation  shall  not  belong 
to  any  one  religious  sect  or  denomination. 

On  motion  of  Mr.  HOOPER,  of  Fall  River, 

Ordered,  That  the  Committee  on  the  Bill  of  Rights  inquire  into 
the  expediency  of  so  amending  that  part  of  the  Constitution,  as  to 
declare  therein,  that  in  criminal  prosecutions  the  jury  shall  be  judges 
of  the  law  as  well  as  the  fact;  also  so  to  amend  the  twentieth  article, 
as  to  insert  in  the  fourth  line,  after  "  it,"  the  words,  "  or  by  the 
people  ;"  also  so  to  amend  the  twenty-ninth  article  as  to  strike  out 
after  the  word  "  should  "  in  the  tenth  line,  the  words  "  hold  their 
offices  as  long  as  they  behave  themselves  well,  and  that  they  should ;" 
arid  report  thereon. 

On  motion  of  Mr.  CHURCHILL,  of  Milton, 

Ordered,  That  the  Committee  on  the  Judiciary  consider  the  expe 
diency  of  making  the  clerks  of  all  courts,  except  in  case  of  the  death 
or  absence  of  the  standing  clerk,  periodically  elected  by  the  members 
of  the  Bar,  having  their  places  of  business  within  the  county  where 
such  courts  are  situated ;  subject,  however,  to  the  approval  of  the 
justices  of  the  several  courts  respectively. 

On  motion  of  Mr.  KELLOGG,  of  Hadley, 

Ordered,  That  the  Committee  on  the  Qualifications  of  Voters 
consider  the  expediency  of  making  a  constitutional  provision,  that 
voters,  in  the  election  of  state,  county,  city,  town,  district  and  parish 
officers,  and  in  the  transaction  of  all  city,  town,  district  and  parish 
affairs,  shall  have  the  same  qualifications. 

Also,  that  the  Committee  on  the  House  of  Representatives  con 
sider  the  expediency  of  so  amending  the  Constitution,  that  the  forty 
districts  into  which  it  is  proposed  to  divide  the  Commonwealth  for 
the  choice  of  senators,  be  called  Legislative  Districts;  that  each 
of  said  districts  shall  annually  elect  eight  representatives  to  the 
general  court,  and  that  it  shall  be  the  duty  of  the  legislature  to 


1853.]  JOURNAL    OF    THE    CONVENTION.  43 

form    said  districts   anew  at  the  expiration   of   every  period  of  ten 
years  from  and  after  the  first  formation  thereof. 

On  motion  of  Mr.  GARDNER,  of  Seekonk, 

Ordered,  That  the  Committee  on  the  Frame  of  Government 
inquire  into  the  expediency  of  so  amending  the  Constitution,  as  that 
no  petitions  shall  be  received  and  acted  upon  by  the  legislature, 
unless  they  shall  be  presented  within  two  weeks  from  the  commence 
ment  of  each  session  thereof. 

On  motion  of  Mr.  WHITNEY,  of  Con  way, 

Ordered,  That  a  committee  of  thirteen  be  appointed,  to  consider 
the  expediency  of  making  a  constitutional  provision,  requiring  that 
corporations  shall  not  be  created  by  special  act,  except  for  municipal 
purposes,  and  in  cases  where  the  objects  of  the  corporation  cannot  be 
obtained  under  general  laws. 

On  motion  of  Mr.  FROTHINGHAM,  of  Charlestown, 

Ordered,  That  a  special  committee  be  appointed,  to  consider  the 
expediency  of  incorporating  into  the  Constitution,  articles  providing 
that  the  legislature  shall  have  no  power  to  pass  any  act  granting  any 
special  charter  for  banking  purposes,  but  requiring  corporations  for 
such  purposes,  to  form  under  general  laws ;  that  the  legislature  shall 
provide,  by  law,  for  the  registry  of  all  bills  or  notes  now  issued  or  put 
in  circulation  as  money;  and  shall  require  ample  security  from  such 
corporations  as  form  under  general  laws,  for  the  redemption  of  their 
notes  in  specie  ;  that  in  case  of  the  insolvency  of  any  banking  corpo 
ration,  the  bill-holders  thereof  shall  be  entitled  to  preference  over  all 
other  creditors  of  such  bank. 

On  motion  of  Mr.  GRAY,  of  Boston, 

Ordered,  That  the  Secretary  of  the  Convention  cause  to  be  printed, 
for  the  use  of  this  Convention,  the  census  last  taken  by  the  authority 
of  the  Commonwealth,  together  with  the  representation  in  the  Senate 
and  House,  to  which  the  several  districts  and  towns  are  entitled 
according  to  such  census. 

On  motion  of  Mr.  BIRD,  of  Walpole,  the  Orders  of  the  Day  were 
taken  up,  the  first  matter  being  the  motion  to  reconsider  the  vote  by 
which  the  Convention  agreed  to  the  Order  of  Mr.  Butler,  of  Lowell, 
prescribing  the  form  of  notice  to  the  town  of  Berlin. 

Without  disposing  of  the  question, 

On  motion  of  Mr.  EAMES,  of  Washington,  the  Convention  ad 
journed. 


44  JOURNAL   OF    THE    CONVENTION.  [May  17th, 

TUESDAY,  May  17,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.     The  Journal  of  yesterday  was  read. 
The  following  Petitions  were  presented: — 

By  Mr.  WILSON,  of  Natick, 

The  Petition  of  Thomas  Wentworth  Higginson,  of  Worcester,  and 
two  hundred  and  forty-nine  others,  asking  that  the  word  "male"  may 
be  stricken  from  the  Constitution  wherever  it  occurs. 

Referred  to  the  Committee  on  the  Qualifications  of  Voters. 

By  Mr.  FRENCH,  of  New  Bedford, 

The  Petition  of  Harriet  K.  Hunt,  to  be  allowed  to  vote,  or  be  ex 
cused  from  paying  taxes. 

Referred  to  the  same  committee. 

Also,  the  Petition  of  Harriet  K.  Hunt,  that  females  may  have  the 
same  advantages  of  education  with  males. 

Referred  to  the  Committee  on  the  Encouragement  of  Literature. 

By  Mr.  COLE,  of  Cheshire, 

The  Petitions  of  M.  Mclntosh,  and  fifty  others,  citizens  of  Rox- 
bury ;  Luther  Shove  and  forty-six  others,  citizens  of  Uxbridge  ;  and 
Mark  Kline  and  fifty-six  others,  citizens  of  Egremont,  severally  in  aid 
of  the  Petition  of  John  W.  Le  Barnes  and  others. 

Referred  to  the  Committee  on  the  Bill  of  Rights. 

On  motion  of  Mr.  MARVIN,  of  Winch endon, 

Ordered,  That  the  Committee  on  the  University  at  Cambridge 
inquire  into  the  expediency  of  so  amending  the  Constitution,  as  to 
require  that  the  Board  of  Overseers  of  Harvard  College  shall  be  here 
after  constituted  in  accordance  with  the  third  article  of  the  first  sec 
tion  of  chapter  fifth  of  the  Constitution  of  1820. 

On  motion  of  Mr.  DAVIS,  of  Worcester, 

Ordered^  That  the  Committee  on  Settling  Elections  by  the  Legis 
lature  inquire  into  the  expediency  of  providing  for  the  viva  voce 
selection  of  all  officers  which  may  devolve  on  either  branch  of  the 
legislature. 

On  motion  of  Mr.  MASON,  of  Fitchburg, 

Ordered^  That  the  Committee  on  the  Frame  of  Government,  con 
sider  the  expediency  of  providing  that  it  shall  be  incompetent  for  the 
legislature  to  refer  to  the  people  for  their  approval  or  ratification,  any 


1853.]  JOURNAL   OF    THE    CONVENTION.  45 

legislative  act  other  than  such  as  have  reference  to  amending  or  alter 
ing  the  Constitution. 

On  motion  of  Mr.  WHEELER,  of  Lincoln, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  con 
sider  the  expediency  of  so  altering  or  amending  the  Constitution  as 
to  provide  that  all  bills  and  resolves  authorizing  the  expenditure  of 
money,  or  the  payment  of  money  from  the  treasury  of  the  Common 
wealth,  shall  originate  in  the  House  of  Representatives  ;  and  also  of 
providing  that  all  bills  and  resolves  shall  originate  and  be  first  acted 
upon  in  the  House  of  Representatives. 

On  motion  of  Mr.  LELAND,  of  Holliston, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  con 
sider  the  expediency  of  limiting  the  power  of  the  legislature  for 
loaning  the  credit  of  the  State,  or  contracting  debts,  except  for  paying 
its  own  expenses,  or  for  the  public  safety,  unless  the  question  is  sub 
mitted  to  the  qualified  voters,  and  is  approved  by  a  majority  of  those 
voting  thereon. 

On  motion  of  Mr.  HARMON,  of  New  Ashford, 

Ordered,  That  the  Committee  on  the  House  of  Representatives 
consider  the  expediency  of  providing  for  continuing,  in  some  form, 
the  representation  by  towns,  according  to  their  present  boundaries. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Committee  on  the  Judiciary  Power  be  instruct 
ed  to  inquire  into  the  expediency  of  so  amending  the  Constitution  as 
to  provide  that  the  justices  of  the  Supreme  Judicial  Court,  and  the 
Court  of  Common  Pleas,  shall  be  appointed  by  the  governor,  for  the 
term  of  ten  years,  subject  to  the  confirmation  of  the  Senate  in  execu 
tive  session ;  that  they  shall  be  eligible  to  reappointment,  at  the  ex 
piration  of  their  term,  and  that  they  shall  not,  in  any  case,  remain  in 
office  after  they  have  attained  the  age  of  seventy  years. 

On  motion  of  Mr.  MORTON,  of  Andover, 

Ordered,  That  the  Committee  on  the  Judiciary  Power  be  directed 
to  inquire  into  the  expediency  of  expunging  or  amending  that  part  of 
the  Constitution  which  provides  that  "each  branch  of  the  legislature,  as 
well  as  the  Governor  and  Council,  shall  have  authority  to  require  the 
opinions  of  the  justices  of  the  Supreme  Judicial  Court  upon  important 
questions  of  law,  and  upon  solemn  occasions." 

On  motion  of  Mr.  FROTHINGHAM,  of  Charlestown, 


46  JOURNAL    OF    THE    CONVENTION.  [May  17th, 

Ordered,  That  the  Committee  on  the  Pay  Roll  be  instructed  to 
consider  what  compensation  should  be  allowed  to  the  members  of  this 
Convention,  and  report  thereon. 

Mr.  COLE,  of  Cheshire,  submitted  the  following  Resolution,  which 
was  referred  to  the  Committee  on  Amendments  of  the  Constitution  : — 

Resolved,  That  the  Constitution  be  so  amended  that  at  the  general 
election  to  be  held  in  the  year  one  thousand  eight  hundred  and 
seventy-three,  and  in  each  twentieth  year  thereafter,  and  also  at  such 
other  times  as  the  legislature  may  by  law  provide,  the  question — 
"  Shall  there  be  a  Convention  to  revise  the  Constitution  and  amend 
the  same?"  shall  be  decided  by  the  electors  qualified  to  vote  for 
members  of  the  legislature  ;  and  in  case  a  majority  of  the  electors  so 
qualified,  voting  at  such  elections,  shall  decide  in  favor  of  a  Conven 
tion  for  such  purpose,  the  legislature,  at  its  next  session,  shall  provide 
by  law  for  the  election  of  delegates  to  such  Convention. 

Mr.  HOOPER,  of  Fall  River,  from  the  Special  Committee  on  Elec 
tions  by  Plurality  of  Votes,  submitted  a  Report,  accompanied  by  the 
following  Resolution  : — 

Resolved,  That  it  is  expedient  so  to  amend  the  Constitution,  that 
in  all  elections  the  person  having  the  highest  number  of  votes  shall  be 
deemed  and  declared  to  be  elected. 

Referred  to  the  Committee  of  the  Whole,  and  ordered  to  be  printed. 

Mr.  DAVIS,  of  Worcester,  from  the  Committee  on  the  Governor, 
submitted  a  Report  and  Resolutions  on  that  subject. 

Referred  to  the  Committee  of  the  Whole,  and  ordered  to  be  printed. 

Mr.  FROTHINGIIAM,  of  Charlestown,  called  for  the  special  assign 
ment  for  a  quarter  past  three  o'clock,  which  was  the  Report  and 
Orders  on  the  subject  of  reporting  and  printing  the  Proceedings  and 
Debates  of  the  Convention. 

On  motion  of  Mr.  SCHOOLER,  of  Boston,  the  third  of  the  Orders 
was  amended  by  striking  out  all  after  the  words  "  such  prices  as," 
and  inserting  instead,  the  words  "  have  been  proposed  therefor  by  Mr. 
Henry  M.  Parkhurst; "  and  the  Orders  were  then  adopted,  as  follow : — 

Ordered,  That  a  committee  of  be  appointed,  with  authority  to 
contract  with  Harvey  Fowler,  to  report  the  Proceedings  and  Debates 
of  this  Convention,  on  certain  terms  which  he  has  proposed,  and 
which  have  been  this  day  communicated  to  the  Convention  in  the 
Report  of  a  committee  to  whom  the  subject  had  been  referred  ;  and 
that  said  committee  be  farther  authorized  to  exercise  such  general 


1853.]  JOURNAL    OF    THE    CONVENTION.  47 

supervision  over  said  reporter  as  they  may  deem  necessary,  subject  at 
all  times  to  such  directions  as  the  Convention  may  see  fit  to  give. 

Ordered,  That  the  same  committee  have  like  authority  to  contract 
with  White  &  Potter  for  the  printing  and  publishing  of  said  Reports, 
upon  the  terms  they  have  proposed,  and  which  have  been  communi 
cated  to  this  Convention  this  day  in  a  Report  of  a  committee  to 
whom  the  subject  had  been  referred ;  and  that  said  committee  be 
further  authorized  to  exercise  such  general  supervision  over  the  print 
ing  of  the  Reports  referred  to,  as  will  secure  the  faithful  and  prompt 
performance  of  the  terms  and  conditions  of  the  contract  for  the  same, 
subject  at  all  times  to  such  directions  as  the  Convention  may  con 
sider  proper  to  give  them. 

Ordered,  That  the  same  committee  have  authority  to  procure  cor 
rect  reports  of  the  Debates  and  Proceedings  had  in  this  Convention  up 
to  the  time  of  the  execution  of  the  contracts  provided  for  in  the  two 
preceding  Orders,  and  to  pay  for  the  same,  and  the  printing  thereof, 
if  necessary,  such  prices  as  have  been  proposed  therefor  by  Mr.  Henry 
M.  Parkhurst. 

The  PRESIDENT  appointed  the  following  gentlemen  as  the  com 
mittee  under  the  preceding  Orders,  viz.  :  Messrs.  Hallett,  member  for 
Wilbraham,  Hale,  of  Boston,  Sleeper,  of  Roxbury,  Schouler,  of  Bos 
ton,  Gourgas,  of  Concord,  Bates,  of  Plymouth,  and  Greene,  of  Brook- 
field. 

On  motion  of  Mr.  NAYSON,  of  Amesbury,  the  Orders  of  the  Day 
were  taken  up,  and  the  first  subject,  being  the  motion  to  reconsider 
the  vote  by  which  the  Convention  agreed  to  the  Order  of  Mr.  Butler, 
of  Lowell,  prescribing  a  form  of  notice  to  the  town  of  Berlin,  was 
considered,  but  not  disposed  of. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving, 

The  Convention  adjourned. 


WEDNESDAY,  May  18,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.   .  The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  GOURGAS,  of  Concord, 

Ordered,  That  fifteen  hundred  copies  of  the  reports  of  the  Debates 
of  this  Convention  be  printed,  and  bound  in  a  durable  manner,  for 
distribution  as  follows :  one  copy  to  each  member  of  the  Conven- 


48  JOURNAL    OF    THE    CONVENTION.  [May  18th, 

tion,  and  to  each  town  and  city  in  the  Commonwealth,  and  the 
remainder  to  be  placed  in  the  office  of  the  Secretary  of  the  Common 
wealth  for  such  gratuitous  distribution  as  is  usually  made  of  books 
published  by  the  State;  and  that  an  additional  fifteen  hundred  copies 
of  the  same  edition  be  placed  in  the  hands  of  the  Secretary  of  the 
Commonwealth,  on  sale,  at  such  price  as  maybe  hereafter  determined 
upon  by  the  Convention,  the  proceeds  of  such  sales  to  be  paid  into 
the  public  treasury. 

Ordered,  That  the  Messenger,  under  the  direction  of  the  President, 
provide  all  necessary  accommodations  for  the  official  Reporter  of  the 
Convention. 

On  motion  of  Mr.  IDE,  of  Attleborough, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  and 
mode  of  Settling  Elections  in  the  Legislature,  consider  the  expediency 
of  so  amending  the  Constitution  as  to  provide  therein  for  elections  to 
fill  all  vacancies  which  may  occur  in  both  branches  of  the  legislature, 
by  reason  of  death  or  resignation  of  members  thereof,  or  from  any 
other  cause,  not  otherwise  provided  for. 

On  motion  of  Mr.  SUMNER,  member  for  Otis, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  be 
instructed  to  consider  the  expediency  of  permanently  establishing  the 
seat  of  government  at  the  city  of  Boston. 

On  motion  of  Mr.  MORSS,  of  Newburyport, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  con 
sider  the  expediency  of  so  amending  the  Constitution,  that  the  gov 
ernor  and  all  state  officers,  and  the  members  of  the  general  court, 
be  chosen  for  a  term  of  two  years.  Also,  the  expediency  of  biennial 
sessions  of  the  general  court. 

On  motion  of  Mr.  BIRD,  of  Walpole, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  be 
instructed  to  inquire  into  the  expediency  of  so  amending  the  Consti 
tution,  that  all  elections  for  state  and  county  officers  shall  be  held 
on  the  Tuesday  next  following  the  first  Monday  of  November  of  each 
year,  and  to  report  thereon. 

On  motion  of  Mr.  COLE,  of  Cheshire, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  be 
instructed  to  consider  the  propriety  of  so  amending  the  Constitution, 
that  no  private  or  local  bill,  making  appropriations  of  the  public  funds, 


1853.]  JOURNAL    OF    THE    CONVENTION.  49 

shall  be  passed  without  the  assent  of  three-fifths  of  all  the  members 
elected  to  both  branches  of  the  legislature. 

On  motion  of  Mr.  CADY,  of  Monson, 

Ordered,  That  the  Committee  on  the  Bill  of  Rights  be  instructed 
to  consider  the  expediency  of  so  amending  article  11,  as  to  make 
compensation  for  sacrifice  of  time  and  expense  of  counsel  to  the 
injured  party  in  case  of  unjust  prosecution. 

On  motion  of  Mr.  IDE,  of  Attleborough, 

Ordered,  That  the  Committee  on  the  Qualifications  of  Voters 
consider  the  expediency  of  so  amending  the  Constitution,  as  to  pro 
vide  that  the  payment  of  any  poll  or  registry  tax,  exceeding  in  amount 
the  sum  of  one  dollar,  shall  not  be  required  to  constitute  any  part  of 
the  qualifications  of  voters  in  this  Commonwealth. 

On  motion  of  Mr.  SUMNER,  member  for  Otis, 

Ordered,  That  each  of  the  committees  appointed  under  the  fifteen 
Resolutions  adopted  by  this  Convention  be  authorized  to  consider  any 
proposition  they  may, deem  compatible  with  the  objects  or  purposes  of 
their  appointment,  though  not  expressly  or  impliedly  embodied  in  the 
Resolutions  submitted  to  them;  and  report  thereon. 

On  motion  of  Mr.  HOOD,  of  Lynn, 

Ordered,  That be  a  committee  to  consider  and  report  upon 

the  order  of  business  which  it  may  be  expedient  or  necessary  for  the 
Convention  to  adopt,  in  order  to  bring  the  session  to  a  close  on  or 
before  the  first  day  of  July  next. 

On  motion  of  Mr.  WALKER,  of  North  Brookfield, 

Ordered,  That  the  Secretary  of  the  Commonwealth  be  requested 
to  furnish,  for  the  use  of  this  Convention,  an  alphabetical  list  of  all 
the  towns  in  the  State  entitled  to  only  a  fractional  representation,  or 
less  thari  one  each  year ;  also,  of  all  towns  having  a  representation  of 
one  each  year ;  also,  of  all  having  each  two,  three,  four,  five,  six,  ten, 
and  over  ten  representatives  annually. 

Mr.  ALVORD,  member  for  Montague,  presented  the  Credentials  of 
Amariah  Chandler,  the  Delegate  elected  from  Greenfield;  which  were 
read  and  placed  on  file. 

Mr.  CUSHMAN,  of  Bernardston,  from  the  Committee  on  so  much  of 
the  Constitution  as  relates  to  the  Lieutenant- Govern  or,  submitted  a 
Report  on  that  subject,  which  was  referred  to  the  Committee  of  the 
Whole,  and  ordered  to  be  printed. 
4 


50  JOURNAL    OF    THE    CONVENTION.  [May  18th, 

On  motion  of  Mr.  FRENCH,  of  New  Bedford, 

Ordered*  That  four  o'clock  this  day  be  assigned  as  the  time  for 
taking  the  question  on  the  motion  to  reconsider  the  vote  by  which  the 
Convention  agreed  to  the  Order  concerning  the  election  in  Berlin. 

Mr.  BATES,  of  Plymouth,  moved  that  the  Convention  proceed  to  the 
consideration  of  the  Orders  of  the  Day  ;  and  the  motion  was  agreed  to 
by  a  vote  of  one  hundred  and  twenty-eight  in  the  affirmative,  to  ninety- 
eight  in  the  negative. 

The  Orders  of  the  Day  were  accordingly  taken  up  and  considered. 

The  hour  of  four  having  arrived,  Mr  PARKER,  of  Cambridge,  moved 
that  the  time  of  taking  the  question  be  postponed  until  Friday  at  four 
o'clock;  but  the  motion  was  rejected. 

Mr.  SCHOULER,  of  Boston,  moved  that  the  time  of  taking  the  ques 
tion  be  postponed  until  six  o'clock  to-day ;  but  the  motion  was  rejected. 

On  motion  of  Mr  BATES,  of  Plymouth, 

Ordered,  That  when  the  question  is  taken,  it  be  taken  by  yeas  and 
nays. 

And  the  roll  being  called,  one  hundred  and  eighteen  members  voted 
for  the  reconsideration,  and  two  hundred  and  nineteen  members  against 
it ;  so  the  motion  to  reconsider  was  rejected. 

Those  who  voted  in  the  affirmative  are  : — 

Messrs.  Benjamin  P.  Adams,  Messrs.  Ithamar  Conkey, 

Robert  Andrews,  •    Charles  E.  Cook, 

"William  Appleton,  Henry  F.  Cocledge, 

"William  Aspinwall,  Simeon  Crittenden, 

David  C.  Atwood,  Leander  Crosby, 

Samuel  Ayres,  Seth  Crowell, 

Joseph  Barrows,  Joseph  Cummings, 

Russell  Bartlett,  Wilber  Curtis, 

Sidney  Bartlett,  John  Davis, 

James  M.  Beebe,  Solomon  Davis, 

Luther  V.  Bell,  Henry  L.  Dawes, 

Jacob  Bigelow,  William  Dehon, 

George  W.  Blagden,  James  C.  Doane, 

.William  C.  Bliss,  Moses  Dorman, 

Ebenezer  Bradbury,  Philip  Eames, 

Milton  P.  Braman,  James  Easton,  2d, 

Osmyn  Brewster,  Lilley  Eaton, 

Francis  Brinley,  Homer  Ely, 

j  *  j  * 

Rufus  Bullock,  William  T.  Eustis, 

Cephas  C.  Bumpus,  A.  G.  Farwell, 

Henry  Cady,  Aaron  Foster, 

cJna  Timothy  W.  Carter,  Samuel  P.  Fowler, 

Rufus  Choate,  Wanton  C.  Gilbert, 

Salah  Clark,  Joel  Giles, 

Nathaniel  Cogswell,  Jason  Goulding, 


1853.' 


JOURNAL    OF    THE    CONVENTION. 


51 


Messrs.  John  C.  Gray, 
Artemas  Hale, 
A.  B.  Hammond, 
George  Hayward, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
George  S.  Hillard, 
William  Hinsdale, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  II.  Jenks, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
Joseph  Knight, 
George  H.  Kuhn, 
John  S.  Ladd, 
Frederic  W.  Lincoln,  Jr., 
Isaac  Li  verm  ore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
William  P.  Marble, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
Joseph  B.  Morss, 
Daniel  Noyes, 
Nathan  Orcutt, 


Messrs.  James  W.  Paige, 
John  G.  Park, 
Adolphus  G.  Parker, 
Joel  Parker, 
Samuel  D.  Parker, 
Thomas  A.  Parsons, 
George  Peabody, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
James  Read, 
Sampson  Reed, 
George  R.  Sampson, 
John  Sargent, 
William  Schouler, 
Charles  Sherman, 
John  Sherrill, 
John  S.  Sleeper, 
John  Souther, 
Charles  G.  Stevens, 
J.  Thomas  Stevenson, 
William  Stutson, 
Thomas  Talbot, 
Ralph  Taylor, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Samuel  Walker, 
Cyrus  Weeks, 
William  F.  Wheeler, 
Benjamin  White, 
Joel  Wilder, 
John  H.  Wilkins, 
Milo  Wilson, 
Josiah  B.  Woods. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Alfred  A.  Abbott, 
Shubael  P.  Adams, 
James  B.  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
John  B.  Alley, 
D.  W.  Alvord, 
George  Austin, 
Hillel  Baker, 
Alvah  Ballard, 
George  S.  Ball, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
Erasmus  D.  Beach, 
John  Beal, 


Messrs.  William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Gad  O.  Bliss, 
William  S.  Booth, 
Sewell  Boutwell, 
William  J.  A.  Bradford, 
Hiram  N.  Breed, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Joseph  Brownell, 
Patrick  Bryant^ 


52 


JOURNAL    OF    THE    CONVENTION. 


[May  18th., 


Messrs.  Asahel  Buck, 

Anson  Burlingame, 
Benjamin  F.  Butler, 
William  Carrvsthers, 
Isaac  Case, 
Amariah  Chandler, 
Chester  \V.  Chapin9 
Daniel  E.  Chapin, 
Josiah  Childs, 
J.  MeKean  ChurehiU, 
Henry  Clark, 
Hansom  Clark, 
Alpheus  B.  Clarke, 
William  Cleverly, 
Lansing  J.  Cede, 
Sumner  Cole, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Joseph  \V.  Cross, 
Henry  W.  Cushmaa, 
Thomas  Cushnaan, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr., 
Ebenezer  Davis,, 
Isaac  Davis, 
Robert  T.  Davis, 
Oilman  Day, 
Silas  Dean, 
Elijah  S.  Deimiug., 
Augustus  Detiton, 
Alexander  De  Witt, 
Samuel  Drancan, 
Bradish  Dunham, 
John  M.  Durgin, 
Peter  Easland, 
Calvin  D.  Eaton, 
Elisha  Ed. wards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Samuel  Fowle, 
Charles  A.  French, 
Charles  H.  French, 
Samiael  French, 
Richard  Frothingham,  JT^, 
Luther  GaTe, 
Johnson  Gardner, 
Elbridge  Gates, 
Charles  G.  Giles, 
Daniel  W.  Gooeh, 
F.  R.  Gourgas, 


Messrs.  John  W.  Grares, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Charles  B.  Hall, 
B.  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Elnathan  P.  Hathaway, 
Stephen  E.  Hawkes, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Aaron  Hobart, 
Henry  Hobart, 
Nathaniel  Holder, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Charles  P.  Huntington, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
John  Johnson, 
Isaac  Kendall, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
William  II.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Otis  Little, 
Tristram  Littlefield, 
Abijah  P.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Jonathan  Nayson, 
Charles  Newman, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


53 


Messrs.  William  Nichols, 
Alfred  Norton, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Samuel  C.  Parsons, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
John  A.  Putnam, 
Robert  Rantoul, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  II.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
Luther  Sheldon, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
Melzar  Sprague, 


Messrs.  Samuel  W.  Spooner, 
Caleb  Stetson, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Charles  Sui-mier, 
Increase  Suraner, 
Alanson  Swain, 
Isaac  C.  Taber, 
Arnold  Taft, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Charles  Thompson, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
David  P.  Turner, 
William  Tyler, 
Orison  Underwood, 
"George  A.  Vinton, 
Bradford  L.  Wales, 
Frederic  T.  Wallace, 
Freeknd  Wallis, 
Amasa  Walker, 
Marshal  Warner, 
Samuel  Warner,  Jr., 
Gershom  B.  Weston, 
Daniei  S.  Whitney, 
James  S.  Whitney, 
J.  B.  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Jonathan  B.  Wirm, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


The  Order,  as  adopted,  is  as  follows : — 

In  Convention,  May,  9,  1853. 

Ordered,  That  the  Secretary  be  directed,  in  notifying  the  town  of 
Berlin,  to  use  substantially  the  form  herewith  submitted  : — 

HALL  OF  THE   CONSTITUTIONAL  CONVENTION,  ) 
Boston,  May  — ,  1853.      \ 

To  the  Selectmen  of  Berlin: — 

GENTLEMEN  : — The  Hon.  Henry  Wilson,  late  Delegate  for  Berlin, 
in  the  Convention  for  revising  the  Constitution,  having  tendered  his 
resignation  as  such  Delegate,  which  has  been  accepted  by  the  Con- 


54  JOURNAL    OF    THE    CONTENTION.  [May  19th, 

vention,  and  his  seat  thereby  vacated,  I  am  directed  by  a  vote  of  the 
Convention  to  request  you,  Gentlemen,  to  convene  the  qualified  elec 
tors  of  your  town  as  soon  as  may  be  with  a  due  regard  to  notice,  in 
order  to  their  electing  and  deputing  a  Delegate  to  represent  them  in 
this  Convention  in  the  manner  prescribed  by  the  second  section  of  the 
Act  calling  the  Convention,  adopted  by  the  people  on  the  second 
Monday  of  November,  A.  D.  1852. 

I  am,  very  respectfully, 

Your  obedient  servant, 

,  Secretary. 

The  Report,  inexpedient  to  take  action  upon  the  subject  of  filling 
such  vacancies  as  may  exist  in  this  Convention  from  the  different 
cities  and  towns  in  the  Commonwealth,  was  accepted. 

The  Report  on  the  subject  of  the  name — u  The  Commonwealth  of 
Massachusetts,"  was  passed  over. 

On  motion  of  Mr.  FROTHING  HAM,  of  Charlestown, 

Ordered,  That  in  all  cases  where  notice  is  issued  to  the  towns  or 
cities  in  which  vacancies  exist,  or  shall  hereafter  exist,  the  Secretary 
be  instructed  to  follow  the  form  of  notice  issued  to  the  town  of  Berlin. 

On  motion  of  Mr.   FRENCH,  of  New   Bedford, 
The  Convention  adjourned. 


THURSDAY,  May   19,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  BUTLER,  of  Lowell,  presented  the  Petitions  of  Benjamin  King 
Brown,  and  others,  of  Waterlown;  Solomon  Howe,  and  others,  of 
Ware;  B.  G.  Veazio,  and  others,  of  Randolph;  and  James  S.  Olcott, 
and  others,  of  Lowell ;  severally  in  aid  of  the  Petition  of  John  W. 
Le  Barnes,  and  others. 

Referred  to  the  Committee  on  the  Bill  of  Rights. 

On  motion  of  Mr.  CHURCHILL,  of  Milton, 

Ordered,  That  the  Committee  on  Qualifications  of  Voters,  be 
instructed  to  inquire  into  the  expediency  of  so  amending  the  Consti 
tution  as  to  provide  that  no  person,  who  shall  make,  or  become  directly 
or  indirectly  interested  in  any  bet  or  wager  depending  upon  the  result 
of  any  election,  shall  have  a  right  to  vote  at  such  election,  or  be 


1853.]  JOURNAL    OF    THE    CONVENTION.  55 

qualified  to  hold  any  office  for  which  he  shall  be  a  candidate  at  such 
election. 

Ordered-,  That  the  same  committee  consider  the  expediency  of 
excluding  from  the  right  of  suffrage,  and  the  right  to  hold  any  office 
of  profit  or  trust,  all  persons  who  may  be  convicted  of  bribery,  larceny, 
or  any  infamous  crime  ;  all  persons  who  forcibly,  or  by  promises  of 
reward,  shall  attempt  to  induce  any  voter  to  refrain  from  casting  his 
vote,  or  shall  attempt,  in  either  of  such  ways,  to  procure  votes  for  any 
candidate  for  office  at  any  election  hereafter  to  be  held  in  this  State; 
and  ail  persons  who  shall  give,  or  cause  to  be  given,  any  illegal  vote, 
knowing  it  to  be  such,  at  any  election  to  be  held  in  this  State. 

On  motion  of  Mr.  THOMPSON,  of  Charlestown, 

Ordered,  That  the  Committee  on  the  House  of  Representatives 
consider  the  expediency  of  providing  that  the  House  consist  of  two 
hundred  and  eighty  members,  based  upon  ratable  polls,  to  be  elected 
in  single  districts,  composed  of  contiguous  territory,  and  of  as  nearly 
equal  number  of  ratable  polls  as  is  practicable. 

On  motion  of  Mr.  LOTHROP,  of  Boston, 

Ordered,  That  the  Committee  to  whom  was  referred  so  much  of 
the  Constitution  as  relates  to  Harvard  College,  inquire  whether  there 
are  any  reasons  for  having  the  members  of  the  corporation  of  that 
college  chosen  by  the  legislature,  which  do  not  appertain  in  principle  to 
the  two  other  colleges  in  the  Commonwealth;  and  whether  it  would 
not  be  expedient  to  provide  that  the  members  of  the  Boards  of  Trus 
tees  of  these  two  other  colleges,  should  also  be  chosen  by  the  legisla 
ture,  and  that  no  one  religious  denomination,  and  no  one  political 
party,  should  have  a  majority  in  either  of  those  Boards. 

Ordered,  That  the  same  committee  inquire  how  much  of  the 
present  property  and  available  instrumentalities  of  education,  possessed 
by  Harvard  College,  may  be  traced  to  direct  grants  from  the  legisla 
ture,  and  how  much  has  been  received  from  private  donations  and 
benefactions;  and  to  what  extent,  comparatively,  in  this  respect,  Har 
vard  College  differs  from  the  two  other  colleges  in  the  Commonwealth. 

Ordered,  That  the  same  committee  consider  the  expediency  of 
providing  for  the  separation  of  all  the  colleges,  now  established  in 
the  Commonwealth,  from  any  direct  connection  with  the  State,  so  that 
the  legislature  shall  not  elect  all  or  any  of  the  members  of  any  of 
their  Board  of  Corporation,  Trustees,  or  Overseers,  and  so  that  these 
institutions  shall  only  be  so  far  connected  with  the  State,  as  to  be 


56  JOURNAL    OF   THE    CONVENTION.  [May  19th, 

subject  to  the  same  general  laws,  duties,  liabilities  and  penalties  that 
attach  to  all  other  corporate  franchises. 

Ordered,  That  the  same  committee  consider  whether  it  be  expe 
dient  or  practicable  to  provide  that  Harvard  College,  and  all  other 
colleges  now  existing,  or  that  may  hereafter  be  established  in  this 
Commonwealth,  shall  be  so  incorporated  with  the  general  system 
of  public  instruction,  through  primary,  grammar  and  high  schools, 
now  sustained  by  the  State,  as  that  the  annual  expenses  of  these 
colleges,  so  far  as  those  expenses  exceed  the  income  of  the  funds  and 
endowments  now  possessed  and  held  by  them,  or  that  may  be  here 
after  possessed  and  held  by  them,  shall  be  met  by  a  general  tax,  and 
by  such  appropriations  as  the  legislature  may  see  fit  from  time  to  time 
to  make — and  that  every  male  child  throughout  the  Commonwealth, 
who,  upon  examination,  shall  be  found  duly  qualified,  shall  be  at 
liberty,  at  any  time  between  the  ages  of  fourteen  and  twenty-one 
years,  to  enter  either  of  these  colleges,  and  enjoy  their  advantages 
and  receive  their  honors  or  degrees,  without  any  charge  for  tuition, 
lectures,  use  of  library,  college-rooms  or  text-books. 

On  motion  of  Mr.  HOOPER,  of  Fall  River, 

Ordered,  That  the  Committee  on  the  Judiciary  inquire  into  and 
report  upon  the  expediency  of  so  amending  the  Constitution,  as  to 
provide,  that  whenever  a  vacancy  shall  occur  on  the  Bench  of  the 
Supreme  Court,  such  vacancy  shall  be  filled  by  an  election  at  large, 
by  the  qualified  voters  in  the  State,  for  a  term  of  years  equal  to  the 
whole  number  of  judges  in  said  court,  unless  two  or  more  vacancies 
shall  occur  in  one  and  the  same  year;  in  that  case  the  term  of  service 
for  which  each  shall  be  elected  shall  be  specified  by  the  governor 
when  ordering  the  election,  so  that  the  term  of  service  of  no  two  shall 
expire  in  any  one  year,  but  that  one  shall  be  elected  every  year  when 
the  seats  of  the  present  incumbents  shall  have  been  vacated. 

Also,  that  said  committee  consider  and  report  upon  the  expediency 
of  electing  the  chief  justice  of  the  Court  of  Common  Pleas  by  an 
election  at  large,  by  the  qualified  voters  of  the  State,  for  a  term  of 
five  years,  and  that  the  other  judges  of  the  same  court  be  elected  by 
districts,  into  which  the  State  shall  be  divided  for  that  purpose,  and 
for  the  election  of  councillors ;  each  judge  so  elected  to  hold  his  office 
for  five  years,  and  no  two  to  be  elected  in  any  one  year  unless  it  shall 
be  for  the  purpose  of  filling  a  vacancy. 

On  motion  of  Mr.  BUTLER,  of  Lowell, 

Ordered,  That  the  Secretary  of  the  Commonwealth  be  requested 


1853.]  JOURNAL    OF   THE    CONVENTION.  57 

to  furnish,  for  the  use  of  the  Convention,  a  table  containing  the 
names  of  all  the  cities  and  towns  of  the  Commonwealth,  arranged  in 
the  order  of  the  number  of  their  population  by  the  census  of  1840, 
and  also  of  1850,  with  the  population  of  each,  with  the  aggregate 
number  of  votes  cast  at  the  gubernatorial  election  of  1850  by  each, 
and  the  aggregate  number  of  voters  on  the  voting  list  of  each,  and 
the  number  of  Delegates  to  which  each  city  and  town  is  entitled  in 
this  Convention. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston, 

Ordered,  That  the  Committee  on  the  Council  consider  the  expe 
diency  of  so  amending  the  Constitution,  that  the  Council  shall  consist 
of  five  persons,  to  be  elected  by  the  people  in  single  Councillor  Dis 
tricts  ;  and  that  eight  contiguous  Senatorial  Districts  shall  constitute 
one  Councillor  District. 

The  PRESIDENT  presented  the  Credentials  of  Mr.  Deming,  of  Shef 
field,  and  Mr.  Stutson,  of  Sandwich,  which  were  ordered  to  be 
placed  on  file. 

Mr.  WALKER,  of  North  Brookfield,  from  the  Committee  on  the 
Qualifications  of  Voters,  submitted  a  Report  on  that  subject. 

Referred  to  the  Committee  of  the  Whole,  and  ordered  to  be 
printed. 

Mr.  HALE,  of  Boston,  at  his  request,  and  by  reason  of  his  engage 
ments  upon  another  committee,  was  excused  from  serving  upon  the 
Committee  upon  the  subject  of  Reporting  and  Publishing  the  Pro 
ceedings  and  Debates  of  the  Convention. 

On  motion  of  Mr.  GOURGAS,  of  Concord,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject,  being  the  Report  of  the  Committee  on  the  Frame 
of  Government,  on  the  name — "  The  Commonwealth  of  Massachu 
setts,"  was  referred  to  the  Committee  of  the  Whole. 

On  motion  of  Mr.  THOMPSON,  of  Charlestown,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con 
sidering  the  Resolves  on  the  subject  of  the  Senate,  and  the  President 
requested  Mr.  Morton,  of  Taunton,  to  take  the  chair. 

Afterwards,  Mr.  MORTON  reported  to  the  Convention  that  the 
Committee  of  the  Whole  had  had  under  consideration  the  subject 
referred  to  them,  had  made  some  progress  therein,  but  had  come  to  no 
conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

On  motion  of  Mr.  SCHOULER,  of  Boston,  the  amendments  offered 


58  JOURNAL    OF    THE    CONVENTION.  [May  20th, 

to  the  Report  on  the   Senate  in   Committee   of  the   Whole,  by  Mr. 
Bradford,  of  Essex,  were  ordered  to  be  printed. 

And,  at  ten  minutes  before  six  o'clock, 

On  motion  of  Mr.  BUMPUS,  of  Plympton, 

The  Convention  adjourned. 


FRIDAY,  May  20,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  FOSTER,  of  Charlemont, 

Ordered^  That  the  Committee  on  the  Frame  of  Government  be 
instructed  to  inquire  into  the  expediency  of  adding  to  the  Constitu 
tion  a  provision,  that  the  marriage  contract  shall  not  change  the  legal 
relation  which  the  wife  sustains  to  the  ownership  and  disposal  of  the 
property  which  she  possessed  before  marriage,  or  may  legally  acquire 
afterwards,  by  inheritance  or  otherwise. 

Ordered^  That  the  Committee  on  the  Encouragement  of  Literature 
be  instructed  to  consider  the  expediency  of  so  amending  the  Consti 
tution,  that  the  State  shall  provide,  or  know  that  provision  is  made 
by  private  bounty,  as  liberally  for  the  education  of  her  daughters  as 
for  her  sons,  so  far  as  the  female  character  and  condition  require  ; 
that  physical,  moral,  literary,  and  scientific  education  be  made  as 
accessible  and  as  cheap  to  our  daughters  as  to  our  sons,  so  far  as  the 
thirst  and  capacity  of  our  daughters  for  education,  the  true  interests 
and  glory  of  Massachusetts,  and  the  supply  of  that  rapidly  increasing 
demand  for  educated  and  highly  educated  females,  requires  ;  that 
such  provision  be  made  within  the  following  ten  years,  and  after,  and 
be  made  in  connection  with  and  in  some  proportion  to  private  endow 
ments,  since  there  is  a  reasonable  expectation  that  private  bounty  will 
be  directed,  in  an  eminent  degree,  more  than  it  has  been  to  the  superior 
education  of  the  daughters  of  Massachusetts. 

On  motion  of  Mr.  KNIGHT,  of  Leicester, 

Ordered^  That  the  Committee  on  the  Bill  of  Rights  be  instructed 
to  consider  the  expediency  of  so  amending  that  part  of  the  Consti 
tution,  as  to  provide  that  every  citizen  of  this  Commonwealth  be  at 
liberty  to  pursue  any  business,  trade,  or  employment  for  a  livelihood, 
being  responsible  for  the  abuse  of  that  privilege,  and  that  no  law  shall 
impair  that  right. 


1853.]  JOURNAL    OF    THE    CONVENTION.  59 

On  motion  of  Mr.  WATERS,  of  Millbury, 

Ordered,  That  the  Committee  on  so  much  of  the  Constitution  as 
relates  to  Sheriffs,  Registers  of  Probate,  and  other  County  Officers, 
be  instructed  to  inquire  into  the  expediency  of  so  amending  the  Con 
stitution  as  to  provide  for  the  election  of  justices  of  the  peace  by  the 
people,  for  a  term  not  exceeding  five  years,  and  in  a  proportion  not 
exceeding  one  to  every  five  hundred  inhabitants  in  the  several  cities 
and  towns  of  this  Commonwealth. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Committee  on  the  Encouragement  of  Literature 
be  instructed  to  consider  the  expediency  of  so  amending  the  Consti 
tution  as  to  provide  that  all  moneys  to  be  derived  from  the  sale  of  the 
public  lands  in  Maine  ;  and  from  that  portion  of  the  shares  owned  by 
the  Commonwealth  in  the  Western  Railroad,  paid  for  by  the  proceeds 
of  sales  of  lands  in  Maine  ;  and  also  the  moneys  to  be  derived  from 
the  claim  of  the  State  on  the  general  government  for  military 
services,  shall  be  added  to  the  School  Fund,  until  said  fund  shall 
amount  to  the  sum  of  two  millions  of  dollars  ;  said  fund  to  be 
preserved  inviolate,  and  the  income  of  the  same  to  be  applied  only  to 
the  aid  of  common  schools  and  for  other  educational  purposes. 

On  motion  of  Mr.  GILBERT,  of  Harvard, 

Ordered,  That  the  Committee  on  Oaths  and  Subscriptions  be 
instructed  so  to  amend  the  Constitution  that  the  provision  made  in 
favor  of  the  "  Quakers"  shall  be  extended  to  all  who  have  conscien 
tious  scruples  in  regard  to  taking  an  oath. 

On  motion  of  Mr.  BIRD,  of  Walpole, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  be 
instructed  to  inquire  into  the  expediency  of  a  constitutional  provision 
that  no  special  privileges  or  immunities  shall  ever  be  granted  that 
may  not  be  altered,  revoked,  or  repealed  by  the  legislature,  and  to 
report  thereon. 

On  motion  of  Mr.  DCRGIN,  of  Wilmington, 

Ordered,  That  the  Committee  on  the  Qualifications  of  Voters 
consider  the  propriety  of  so  altering  the  Constitution  as  to  provide 
that  no  individual  shall  be  deprived  of  the  privilege  of  voting  for  State 
and  United  States  officers  in  consequence  of  having  changed  his  resi 
dence  to  another  portion  of  the  State,  or  lose  his  residence  for  the 
above  purpose,  until  he  shall  have  gained  it  in  another. 


60  JOURNAL    OF    THE    CONVENTION.  [May  20th, 

Mr.  COLE,  of  Cheshire,  offered  the  following  Resolution,  which  was 
referred  to  the  Committee  on  the  Frame  of  Government. 

Resolved,  That  the  legislature  shall  have  no  power  to  pass  an  act, 
the  provisions  of  which  release  or  discharge  debtors  from  the  payment 
of  just  liabilities. 

On  motion  of  Mr.  FRENCH,  of  New  Bedford, 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  until  Tues 
day  next  at  three  o'clock. 

Mr.  ALLEN,  of  Worcester,  from  the  Committee  on  the  Frame  of 
Government,  submitted  a  Report  on  the  subject  of  the  time  of  hold 
ing  elections  of  state  and  county  officers,  which  was  referred  to  the 
Committee  of  the  Whole. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  further  con 
sidering  the  Report  on  the  subject  of  the  Senate;  and  the  President 
requested  Mr.  Morton,  of  Taunton,  to  take  the  chair. 

Afterwards,  Mr.  MORTON  reported,  that  the  committee  had  further 
considered  the  Resolves  referred  to  them,  and  had  instructed  him  to 
report  them  to  the  Convention  without  amendment. 

The  Resolves  were  then  ordered  to  a  second  reading. 

The  PRESIDENT  announced  the  appointment  of  Monitors  for  the 
galleries,  as  follows: — 

For  the  Eastern  Gallery — Messrs.  Ober,  of  Beverly,  and  Bliss,  of 
Hatfield. 

For  the  Western  Gallery — Messrs.  Cleverly,  of  Wellfleet,  and 
Woods,  of  Enfield. 

Mr.  BUTLER,  of  Lowell,  moved  a  reconsideration  of  the  vote  by 
which  the  Convention  agreed  to  adjourn  until  Tuesday  ;  and  the 
question  being  taken,  one  hundred  and  thirty-nine  members  voted  in 
the  affirmative,  and  seventy  in  the  negative ;  so  the  vote  was  recon 
sidered. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  motion  to  adjourn  until 
Tuesday  was  laid  upon  the  table. 

Whereupon,  on  motion  of  Mr.  BUTLER,  of  Lowell, 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  until 
Monday  next  at  three  o'clock,  P.  M. 

On  motion  of  Mr.  NOYES,  of  Newbury,  at  six  o'clock,  P.  M., 
The  Convention  adjourned. 


1853.]  JOURNAL    OF    THE    CONVENTION.  61 

MONDAY,  May  23,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap, 
lain.  The  Journal  of  Saturday  was  read. 

Mr.  GREENE,  of  Brookfield,  presented  the  Petition  of  Mrs.  Abby 
B.  Alcott  and  seventy-three  others,  women  of  Massachusetts,  that 
they  may  be  permitted  to  vote  on  the  amendments  and  alterations  of 
the  Constitution  that  are  to  be  submitted  to  the  people. 

Referred  to  the  Committee  on  the  Qualifications  of  Voters. 

Mr.  KEYES,  member  for  Abington,  presented  the  Petition  of  Wen 
dell  Phillips  and  nine  hundred  and  thirty  others,  asking  that  the  word 
"  male  "  may  be  stricken  from  the  Constitution,  wherever  it  occurs. 

Laid  upon  the  table,  but  afterwards  referred  to  the  Committee 
on  the  Qualifications  of  Voters. 

On  motion  of  Mr.  BATES,  of  Plymouth, 

Ordered,  That  the  Committee  on  the  Pay  Roll  consider  the  expe 
diency  of  providing  for  the  pay  of  the  members  of  this  Convention, 
at  the  rate  of  three  dollars  per  diem,  for  the  term  of  sixty  days,  and 
that  no  pay  shall  be  allowed  beyond  that  period  of  time. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston, 

Ordered,  That  the  Committee  on  the  Encouragement  of  Litera 
ture,  be  requested  to  consider  the  expediency  of  so  amending  the 
Constitution  as  to  provide  that  the  Board  of  Education  and  the 
Board  of  Agriculture  shall  be  established  as  permanent  departments 
of  the  government. 

On  motion  of  Mr.  HOBART,  of  East  Bridgewater, 

Ordered,  That  the  Committee  on  the  Governor,  consider  the  expe 
diency  of  amending  the  Constitution,  by  striking  out  such  parts 
thereof  as  provide  that  the  governor  shall  have  the  title  of  "  His  Ex 
cellency,"  the  lieutenant-governor  the  title  of  "His  Honor,"  and 
that  the  councillors,  in  the  civil  arrangements  of  the  Commonwealth, 
shall  have  rank  next  after  the  lieutenant-governor. 

The  PRESIDENT  read  a  communication  from  Hon.  Samuel  A. 
Eliot,  Delegate  from  Boston,  resigning  his  seat  in  the  Convention  on 
account  of  the  state  of  his  health ;  which  was  placed  on  file. 

Mr.  HALE,  of  Boston,  submitted  a  Resolution  on  the  subject  of  the 
House  of  Representatives. 

Referred  to  the  committee  on  that  subject,  and  ordered  to  be 
printed. 


62  JOURNAL    OF    THE    CONVENTION.  [May  23d, 

The  PRESIDENT  announced  the  appointment  of  the  following  Com 
mittees,  viz. : — 

On  the  Order  offered  by  Mr.  HOOD,  of  Lynn,  concerning  the  mode 
of  business  which  may  be  necessary  or  expedient,  to  bring  the  ses 
sion  to  a  close  on  or  before  July  1st : 

Messrs.  Hood,  of  Lynn,  Walker,  of  North  Brookfield,  Gray,  of 
Boston,  Fowler,  of  Danvers,  Reed,  of  Boston,  Brownell,  of  New 
Bedford,  Hewes,  of  Lynnfield,  Clark,  of  Clarksburg,  Griswold,  of 
Buckland,  Davis,  of  Fall  River,  Pease,  of  Edgartown,  Woods,  of 
Enfield,  and  Wilson,  of  Blackstone. 

On  the  Order  offered  by  Mr.  WHITNEY,  of  Conway,  concerning 
general  laws  for  corporations: 

Messrs.  Whitney,  of  Conway,  Beach,  of  Springfield,  Brewster,  of 
Boston,  Ely,  of  West  Springfield,  Hapgood,  of  Athol,  Knox,  of 
Blandford,  Bradford,  of  Essex,  Cross,  of  West  Boylston,  Bartlett,  of 
Worth  ington,  Hewes,  of  Haverhill,  Haskins,  of  Medford,  Hersey,  of 
Hingham,  and  Nichols,  of  Burlington. 

On  the  Order  offered  by  Mr.  FROTHINGHAM,  of  Charlestown,  con 
cerning  banking  corporations: 

Messrs.  Frothingham,  of  Charlestown,  Chapin,  of  Springfield, 
Jenks,  of  Boston,  De  Witt,  of  Oxford,  Allis,  of  Whately,  Sampson, 
of  Boston,  Day,  of  Templeton,  Taber,  of  New  Bedford,  Bennett,  of 
Hubbardston,  Noyes,  of  Newbury,  Wilder,  of  Lancaster,  Richardson, 
of  Middleton,  and  Turner,  of  South  Hadley. 

Mr.  Marvin,  of  Boston,  was  appointed  one  of  the  Committee  on 
the  publication  of  Reports,  in  place  of  Mr.  Hale,  excused. 

Mr.  Giles,  of  Boston,  was  appointed  one  of  the  Committee  on  the 
University  at  Cambridge,  in  place  of  Mr.  Sprague,  excused. 

On  motion  of  Mr.  NAYSON,  of  Amesbury,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day,  the  first  subject  being 
the  Resolves  concerning  the  Senate. 

On  motion  of  Mr.  GOURGAS,  of  Concord, 

Ordered,  That  when  the  question  is  taken  on  the  passage  of  the 
Resolves,  it  be  taken  by  yeas  and  nays. 

Mr.  HATHAWAY,  of  Freetown,  moved  to  amend  the  Resolves,  by 
substituting  the  words  "  number  of  qualified  voters "  for  the  word 
"population." 

And  further  moved  that  when  the  question  is  taken  on  the  amend 
ment,  it  be  taken  by  yeas  and  nays ;  and  that  the  vote  be  taken  at 
four  o'clock  on  Tuesday. 

He  afterwards  withdrew  the  motion  to  postpone  the  taking  of  the 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


63 


question ;  and  the  question  being  put  upon  his  demand  for  the  yeas 
and  nays  upon  the  amendment,  it  was  rejected,  one-fifth  not  voting 
in  the  affirmative. 

The  amendment  was  then  rejected. 

The  Resolves  were  then  taken  up  separately  and  passed,  and  the 
question  being  upon  the  final  passage,  the  roll  was  called,  and  one 
hundred  and  sixty-five  members  voted  in  the  affirmative,  and  five  in 
the  negative. 

Those  who  voted  in  the  affirmative  are  : — 


Messrs.  Benjamin  P.  Adams, 
Josiah.  Allis, 
D.  W.  Alvord, 
Hillel  Baker, 
Alvah  Ballard, 
George  S.  Ball, 
Alpheus  Bancroft, 
Erasmus  D.  Beach, 
John  Beal, 
William  C.  Bliss, 
Ebenezer  Bradbury, 
Hiram  N.  Breed, 
Francis  Bririley, 
Adolphus  F.  Brown, 
Alpheus  11.  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Rufus  Bullock, 
Anson  Burlingame, 
William  Carruthers, 
Isaac  Case, 
Amariah  Chandler, 
Henry  Chapin, 
Josiah  Childs, 
Rufus  Choate, 
J.  McKean  Churchill, 
Ransom  Clark, 
Salah  Clark, 
Nathaniel  Cogswell, 
Lansing  J.  Cole, 
Sumner  Cole, 
Henry  F.  Cooledge, 
George  W.  Crockett, 
Leander  Crosby, 
Joseph  W.  Cross, 
Seth  Crowell, 
Henry  \V.  Cushman, 
Solomon  Davis, 
Silas  Dean, 
William  Dehon, 


Messrs.  Augustus  Denton, 
James  C.  Doane, 
Samuel  Duncan, 
John  M.  Durgin, 
Peter  Easlaiid, 
Calvin  D.  Eaton, 

A.  G.  Farwell, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Abram  Foster, 
James  M.  Freeman, 
Samuel  French, 
Luther  Gale, 
Wanton  C.  Gilbert, 
Joel  Giles, 

F.  R.  Gourgas, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Artemas  Hale, 
Nathan  Hale, 

B.  F.  Hallett, 
Lyman  W.  Hapgood, 
Elnathan  P.  Hathaway, 
Stephen  E.  Hawkes, 
George  Hay  ward, 
Charles  Heard, 
Henry  Hersey, 
James  Hewes, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Thomas  Hopkinson, 
Samuel  Houghton, 
Abraham  H.  Howland, 
William  J.  Hubbard, 
Charles  E.  Hunt, 
William  Hunt, 
Charles  P.  Huntington, 
Abijah  M.  Ide,  Jr., 


64 


JOURNAL    OF    THE    CONVENTION. 


[May  23d, 


Messrs.  Samuel  Jackson, 
John  Jacobs, 
John  Jenkins, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Edward  L.  Keyes, 
Hiram  Knight, 
Albert  Knox, 
George  H.  Kuhn, 
Gardner  P.  Ladd, 
Tristram  Littlefield, 
Justin  E.  Loomis, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Abijah  P.  Marvin, 
Theophilus  R.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
Seth  Miller,  Jr., 
James  M.  Moore, 
George  Morey, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Jonathan  Nayson, 
Charles  Newman, 
Andrew  T.  Nute, 
Nathan  Orcutt, 
James  W.  Paige, 
Benjamin  Paine, 
Henry  Paine, 
John  G.  Park, 
Samuel  D.  Parker, 
Samuel  C.  Parsons, 
John  Partridge, 
Daniel  A.  Perkins, 
Charles  Phelps, 
Jeremiah  Pomroy, 
George  Putnam, 
Robert  Rantoul, 
Daniel  Richardson, 


Messrs.  Nathan  Richardson, 
Joseph  M.  Rockwood, 
David  S.  Ross, 
Amasa  Sanderson, 
Chester  Sanderson, 
"William  Schouler, 
Luther  Sheldon, 
Charles  Sherman, 
John  Souther, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Charles  G.  Stevens, 
Gideon  Stiles, 
Charles  Sumner, 
Willard  Thayer,  2d, 
John  "W.  Thomas, 
Horatio  W.  Tilton, 
David  Turner, 
William  Tyler, 
Orison  Underwood, 
Freeland  Wallis, 
Amasa  Walker, 
Samuel  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Samuel  Warner,  Jr., 
Gershom  B.  Weston, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
James  S.  Whitney, 
John  H.  Wilkins, 
Ezra  Wilkinson, 
J.  B.  Williams, 
Henry  Wilson, 
Milo  Wilson, 
Willard  Wilson, 
Jonathan  B.  Winn, 
Charles  C.  Wood, 
Josiah  B.  Woods. 


Those  who  voted  in  the  negative  are : — 


Messrs.  William  J.  A.  Bradford, 
William  Haskins, 
Silas  Rawson, 


Messrs.  Luther  Richards, 
John  W.  Simonds. 


So  the  Resolves  were  passed,  as  follow  :— 

1.  Resolved,  That  it  is  expedient  to  alter  and  amend  the  Constitu 
tion  of  this  Commonwealth  so  that  it  shall  provide  that  the  Senate 


1853.]  JOURNAL    OF    THE    CONTENTION.  65 

shall  consist  of  forty  members,  to  be  elected  annually,  in  single  dis 
tricts,  composed  of  contiguous  territory,  and  of  as  equal  population  as 
is  practicable. 

2.  Resolved,  That  it  is  expedient  to  alter  and  amend  the  Constitu 
tion  of  this  Commonwealth  so  that  it  shall  provide  that  the  meetings 
for  the  choice  of  senators  shall  be  held  on  the  Tuesday  next  after  the 
first  Monday  of  November  annually. 

3.  Resolved,  That  it  is  expedient  to  alter  and  amend  the  Constitu 
tion  of  the  Commonwealth  so  that  it  shall  provide  that  the  Senate 
shall  have   power  to  adjourn,  provided   such   adjournments   do   not 
exceed  three  days  at  a  time. 

4.  Resolved,  That  it  is  expedient  to  alter  and  amend  the  Constitu 
tion  of  the  Commonwealth  so  that  it  shall  provide  that  not  less  than 
a  majority  of  the  Senate  shall  constitute  a  quorum  for  doing  business  ; 
but  a  smaller  number  may  organize,  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members  in  such  manner  as  the 
Senate  may  provide. 

5.  Resolved,  That  it  is  not  expedient  to  alter  or  amend  that  part  of 
the  Constitution  of  the  Commonwealth  which  provides  that  no  person 
shall  be  capable  of  being  elected  as  a  senator,  who  has  not  been  an 
inhabitant  of  this  Commonwealth  for  the  space  of  five  years  imme 
diately  preceding  his  election,  and  which  also  provides  that  he  shall 
be,  at  the  time  of  his  election,  an  inhabitant  of  the  district  for  which 
he  shall  be  chosen. 

6.  Resolved,  That  it  is  not  expedient  to  alter  or  amend  the  pro 
visions  of  the  Constitution  of  the  Commonwealth  which  are  contained 
in  the  eighth  article  of  the  second  section  of  the  first  chapter  of  the 
Constitution. 

Mr.  CHURCHILL,  of  Milton,  moved  that  when  the  Convention  ad 
journ,  it  adjourn  to  meet  on  Wednesday  next,  at  three  o'clock  ;  but 
the  motion  was  rejected. 

The  PRESIDENT  read  a  communication  from  the  Secretary  of  State, 
covering  a  statement  of  the  population  and  representation  of  the 
several  towns  and  cities  of  the  Commonwealth.  Laid  upon  the  table 
and  ordered  to  be  printed. 

At  half-past  six  o'clock,  on  motion  of  Mr.  BROWN,  of  Douglas, 

The  Convention  adjourned. 
5 


66  JOURNAL    OF    THE    CONVENTION.  [May  24th, 


TUESDAY,  May  24,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  SUMNER,  member  for  Otis,  offered  an  Order  providing  for  the 
printing  of  the  various  Orders  and  Resolves  which  had  been  adopted. 

Laid  upon  the  table. 

On  motion  of  Mr.  COLE,  of  Cheshire, 

Ordered,  That  the  Committee  of  Ways  and  Means  to  expedite 
the  business  of  the  Convention,  be  instructed  to  consider  the  expe 
diency  of  reporting  that  from  and  after  the  present  week,  the  Conven 
tion  hold  two  sessions  per  day,  commencing  at  nine,  A.  M.,  and  three, 
P.  M. 

Mr.  CHURCHILL,  of  Milton,  offered  an  Order  on  the  subject  of  the 
purchase  of  books  for  the  use  of  members  of  the  legislature. 

Laid  over  under  the  rule. 

The  PRESIDENT  presented  the  Credentials  of  Charles  L.  Knowlton, 
Delegate  from  Holden,  which  were  ordered  to  be  placed  on  file. 

Leave  of  absence  until  Thursday,  of  this  week,  was  granted  to  Mr. 
Taft,  of  Mendon,  on  account  of  the  death  of  a  son. 

Mr.  BUTLER,  of  Lowell,  from  the  Committee  on  Oaths  and  Sub 
scriptions,  &c.,  presented  a  Report  on  that  subject. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be 
printed. 

Mr.  WALKER,  of  North  Brookfield,  moved  that  the  Committee  of 
the  Whole  on  the  subject  of  elections  by  plurality  of  votes,  be  dis 
charged  from  the  further  consideration  of  that  subject ;  which  motion 
was  adopted. 

Mr.  WALKER  further  moved  to  assign  the  consideration  of  the  sub 
ject,  in  Committee  of  the  Whole,  for  three  o'clock  on  Friday. 

He  afterwards  withdrew  this  motion,  and  the  Report,  upon  motion 
of  Mr.  HOOPER,  of  Fall  River,  was  again  placed  first  in  the  order  of 
subjects  referred  to  the  Committee  of  the  Whole. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolve  on  the  subject  of  elections  by  plurality  ;  and  the  President 
requested  Mr.  Sumner,  member  for  Marshfield,  to  take  the  chair. 

Afterwards,  Mr.  SUMNER  reported  that  the  Committee  of  the  Whole 
had  made  progress  in  the  consideration  of  the  subject,  but  had  come 
to  no  conclusion,  and  had  directed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 


1853.]  JOURNAL    OF    THE    CONVENTION.  67 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  to  meet  on 
Thursday  at  ten  o'clock  in  the  forenoon. 

The  PRESIDENT  appointed  the  following  gentlemen  to  constitute 
the  committee  upon  the  Order  offered  by  Mr.  Brown,  of  Dracut, 
concerning  the  loan  of  the  credit  of  the  State,  viz. : — 

Messrs.  Brown,  of  Dracut,  Warner,  of  Wrentham,  Farwell,  of  Bos 
ton,  Wilson,  of  Shelburne,  Tower,  of  Florida,  Little,  of  Pembroke, 
Hobbs,  of  Weston,  Dorman,  of  Boxford,  Powers,  of  Lowell,  Free 
man,  of  Franklin,  Jacobs,  of  Carlisle,  Loomis,  of  Russell,  Cummings, 
of  Ware,  and  Hurlbut,  of  Sudbury. 

At  five  minutes  before  six  o'clock,  on  motion  of  Mr.  THOMPSON,  of 
Charlestown, 

The  Convention  adjourned. 


THURSDAY,  May  26,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  Tuesday  was  read. 

The  Order  offered  on  Tuesday  by  Mr.  Churchill,  of  Milton,  and 
laid  over,  was  taken  up  and  adopted ;  as  follows : — 

Ordered,  That  the  Committee  on  the  Frame  of  Government  be 
instructed  to  consider  and  report  on  the  expediency  of  providing  that 
no  book  or  other  printed  matter,  not  strictly  appertaining  to  the  busi 
ness  of  the  session,  thereafter  to  be  transacted,  shall  be  purchased  or 
subscribed  for,  for  the  use  of  the  members  of  the  legislature,  or  be 
distributed  among  them  at  the  public  expense. 

The  Order  offered  on  Tuesday,  by  Mr.  Sumner,  member  for  Otis, 
was  taken  from  the  table  and  adopted,  as  follows : — 

Ordered,  That  all  Resolves  and  Orders,  referring  subjects  to  the 
several  committees  of  this  Convention,  prior  to  and  including  this 
date,  be  printed  for  the  use  of  the  Convention. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Secretary  of  the  Commonwealth  be  requested 
to  furnish,  for  the  use  of  the  Convention,  a  statement  showing  the 
number  of  business  corporations  that  have  been  created  by  the  legis- 


68  JOURNAL    OF    THE    CONVENTION.  [May  26th, 

lature,  since  the  last  abstract  upon  this  subject,  furnished  from  the 
secretary's  office  for  the  use  of  the  legislature/the  purposes  for  which 
they  have  been  created,  the  capital  granted  to  each,  the  aggregate 
capital  of  each  class,  and  the  aggregate  capital  of  all ;  also,  a  similar 
statement  of  corporations  created  the  present  year;  and  acts  for  the 
increase  of  the  capital  of  existing  corporations. 

Also,  a  statement  of  the  acts  increasing  the  capital  of  existing 
corporations  since  the  abstract  referred  to  up  to  the  present  year. 

Also,  the  aggregate  number  of  the  different  classes  of  corporations, 
and  the  aggregate  capital  of  the  same,  as  contained  in  the  two  state 
ments  heretofore  furnished  from  his  office  for  the  use  of  the  legis 
lature. 

Mr.  EARLE,  of  Worcester,  offered  the  following  Resolution  : — 

Resolved,  That  the  Constitution  of  the  State  ought  to  be  so 
amended  as  to  provide  that  the  next  census  of  the  State  shall  be 
taken  in  the  year  1855,  and  in  each  subsequent  decennial  period  there 
after,  so  as  to  make  the  State  census  intermediate  between  the  periods 
of  the  National  census. 

Referred  to  the  Committee  on  the  Frame  of  Government. 

On  motion  of  Mr.  HALL,  of  Haverhill,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
-the  Resolves  on  the  subject  of  elections  by  plurality,  and  the  Presi 
dent  requested  Mr.  Sumner,  member  for  Marshfield,  to  take  the  chair. 

Afterwards  Mr.  SUMNER  reported  to  the  Convention,  that  the  com 
mittee  had  made  further  progress  in  the  consideration  of  the  subject 
but  had  come  to  no  conclusion,  and  had  instructed  him  to  ask  leave 
to  sit  again. 

And  leave  was  accordingly  granted. 

A  communication  was  received  from  the  Secretary  of  State,  cover 
ing  an  Abstract  of  the  Returns  of  the  population  of  the  State  in 
1840  and  1850,  &c. 

Laid  upon  the  table,  and  ordered  to  be  printed. 

Mr.  CROWELL,  of  Dennis,  moved  that  when  the  Convention  ad 
journ,  it  adjourn  to  meet  this  afternoon  at  three  o'clock. 

Mr.  GRAY,  of  Boston,  moved  to  substitute  the  hour  of  ten  to 
morrow. 

The  question  being  upon  the  motion  of  Mr.  Gray,  it  was  adopted 
by  a  vote  of  one  hundred  and  thirty-seven  in  the  affirmative,  and  one 
hundred  and  thirty-one  in  the  negative. 

And  then,  on  motion  of  Mr.  HALE,  of  Bridgewater,  at  two  o'clock, 

The  Convention  adjourned. 


1853.]  JOURNAL    OF    THE    CONVENTION.  69 

FRIDAY,  May  27,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

On  motion  of  Mr.  DANA,  member  for  Manchester, 

Ordered,  That  the  Committee  on  the  Bill  of  Rights  consider  the 
expediency  of  declaring  the  right  of  every  person  having  a  claim 
against  the  Commonwealth,  to  a  judicial  remedy  therefor. 

On  motion  of  Mr.  BUTLER,  of  Lowell, 

Ordered,  That  the  Committee  on  the  Loan  of  State  Credit  inquire 
into  the  expediency  of  providing  that  the  credit  or  moneys  of  the 
State  be  not  loaned  to  the  prosecution  of  any  private  enterprise  after 
the  first  day  of  July,  which  will  be  in  the  year  one  thousand  eight 
hundred  and  fifty-five. 

On  motion  of  Mr.  SCHOULER,  of  Boston, 

Ordered,  That  the  Secretary  of  the  Commonwealth  be  requested  to 
transmit  to  this  Convention  the  number  of  new  towns  that  have  been 
formed  since  the  year  1820 — the  names  of  the  same,  the  counties  in 
which  they  are,  and  the  years  in  which  they  were  severally  created. 

Mr.  CRESSY,  of  Hamilton,  offered  the  following  Resolution  : — 

Resolved,  That  it  is  expedient  to  insert  into  the  Constitution  (in 
the  legislative  department)  the  following,  viz. :  Each  member  of  the 
legislature  shall  receive  from  the  public  treasury  a  compensation  for 
his  services,  which  may  be  increased  or  diminished  by  law ;  but  no 
increase  of  compensation  shall  take  effect  during  the  session  at  which 
such  increase  shall  have  been  made. 

Referred  to  the  Committee  on  the  Frame  of  Government. 

Mr.  GRISWOLD,  member  for  Ervirig,  from  the  Committee  on  the 
House  of  Representatives,  submitted  a  Report  on  that  subject ;  also, 
a  Report  from  a  Minority  of  the  same  Committee. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  WARNER,  of  Wrentham,  requested  to  be  excused  from  serving 
upon  the  Committee  to  whom  was  referred  the  subject  of  Loaning 
the  Credit  of  the  State. 

Mr.  Hall,  of  Haverhill,  was  appointed  a  member  of  the  Committee 
upon  the  University  at  Cambridge,  to  fill  a  vacancy. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolve  on  the  subject  of  elections  by  plurality ;  and  the 


70  JOURNAL    OF    THE    CONVENTION.  [May  27th, 

President  requested  Mr.  Sumner,  member  for  Marshfield,  to  take  the 
chair. 

Afterwards,  Mr.  SUMNER  reported  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject  referred  to  them, 
but  had  come  to  no  conclusion,  and  had  instructed  him  to  ask  leave 
to  sit  again. 

And  leave  was  accordingly  granted. 

Mr.  HOOD,  of  Lynn,  from  the  special  committee  to  whom  was 
referred  an  Order  concerning  the  order  of  business  ;  also  an  Order 
concerning  the  hour  of  meeting,  and  holding  two  sessions  a  day, 
submitted  a  Report,  concluding  with  the  following  Order,  which, 
under  a  suspension  of  the  rules,  was  considered  and  adopted  : — 

Ordered,  That  on  and  after  Monday  next  the  Convention  will  hold 
two  sessions  per  day,  commencing  at  ten  o'clock,  A.  M.,  and  three 
o'clock,  P.  M. 

Mr.  BATES,  of  Plymouth,  moved  that  when  the  Convention  adjourn, 
it  adjourn  to  meet  at  half-past  three  o'clock  this  afternoon. 

Mr.  THOMPSON,  of  Charlestown,  moved  to  substitute  the  hour  of  ten 
to-morrow. 

The  question  being  upon  Mr.  Thompson's  motion,  it  was  rejected 
by  a  vote  of  one  hundred  and  twenty-one  in  the  affirmative,  to  one 
hundred  and  sixty-eight  in  the  negative. 

The  motion  of  Mr.  Bates  was  then  agreed  to. 

On  motion  of  Mr.  CASE,  of  New  Bedford,  at  a  quarter  past  two 
o'clock, 

The  Convention  adjourned. 

AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  TOWER,  of  Florida,  presented  the  Petitions  of  Charles  Phelps 
and  others,  of  Monroe  ;  Joseph  Proctor  and  others,  of  Gloucester ; 
Jacob  W.  HinckJey  and  others,  of  Fall  River;  George  W.  Todd  and 
others,  of  Acton  ;  and  Frederick  W.  Folger  and  others,  of  Nantucket, 
severally  in  aid  of  the  Petition  of  John  W.  Le  Barnes  and  others. 

Referred  to  the  Committee  on  the  Bill  of  Rights. 

Mr.  KNOWLTON,  of  Worcester,  moved  that  debate  in  Committee  of 
the  Whole  upon  the  Resolve  relating  to  elections  by  plurality,  cease 
at  half-past  four  o'clock  to-day. 

Mr.  HOOPER,  of  Falla  River,  moved  that  the  debate  cease  at  twelve 
o'clock  on  Tuesday  next. 


1853.]  JOURNAL   OF   THE    CONVENTION.  71 

The  question  being  on  Mr.  Hooper's  motion,  it  was  rejected. 
The  motion  of  Mr.  Knowlton  was  then  also  rejected  by  a  vote  of 
ninety-four  in  the  affirmative,  to  one  hundred  and  thirteen  in  the 
negative. 

Mr.  BATES,  of  Plymouth,  then  moved  that  debate  cease  on  Monday 
next  at  twelve  o'clock  ;  but  the  motion  was  rejected. 

On  motion  of  Mr.  HOOPER,  of  Fall  River,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolve  on  the  subject  of  elections  by  plurality  ;  and  the  President 
requested  Mr.  Sumner,  member  for  Marshfield,  to  take  the  chair. 

Afterwards,  Mr.  SUMNER  reported  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject  referred  to  them, 
but  had  come  to  no  conclusion,  and  had  instructed  him  to  ask  leave 
to  sit  again. 

And  leave  was  accordingly  granted. 

On  motion  of  Mr.  SHELDON,  of  Easton, 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  to  meet  at 
ten  o'clock  to-morrow. 

And  then,  on  motion  of  Mr.   EAMES,   of  Washington,  at  twenty- 
minutes  before  seven  o'clock, 
The  Convention  adjourned. 


SATURDAY,  May  28,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  DAVIS,  of  Worcester,  moved  that  the  Convention  resolve  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolve  in  relation  to  the  office  of  governor. 

After  some  debate,  the  motion  was  agreed  to,  by  a  vote  of  one 
hundred  and  fifty-three  in  the  affirmative,  and  sixty-two  in  the  nega 
tive  ;  and  the  President  requested  Mr.  Hooper,  of  Fall  River,  to  take 
the  chair. 

Afterwards,  Mr.  HOOPER  reported  that  the  Committee  of  the  Whole 
had  considered  the  subject,  and  recommended  the  passage  of  the 
resolves  referred  to  them,  with  the  following  amendments,  viz.  : — 

In  the  first  Resolution,  striking  out  the  words  "  the  United  States," 
and  inserting  instead  thereof,  the  word  "  Massachusetts." 

In  the  same  Resolution,  striking  out  all  after  the  word  "  governor.'* 

The  amendments  were  agreed  to  by  the  Convention,  and  the 
Resolves  were  ordered  to  a  second  reading. 


72  JOURNAL    OF    THE    CONVENTION.  [May  30th, 

On  motion  of  Mr.  WATERS,  of  Millbury, 

Ordered,  That  the  Committee  on  the  Judiciary  be  instructed  to 
consider  the  expediency  of  defining  more  clearly  the  power  and  the 
manner  of  removing  justices  of  the  peace  for  sufficient  cause,  the 
same  being  now  involved  in  doubt  and  wholly  impracticable. 

On  motion  of  Mr.  DAVIS,  of  Acton, 

Ordered,  That  the  Committee  on  the  Bill  of  Rights  be  instructed 
to  inquire  into  the  expediency  of  so  amending  the  same,  that  no 
person,  by  act  of  government,  shall  be  released  from  paying  his  honest 
debts,  whenever  he  has  the  ability  so  to  do ;  and  report  thereon. 

Mr.  HALLETT,  member  for  Wilbraham,  from  the  Committee  on  the 
subject  of  the  Council,  submitted  a  Report  and  Resolves  on  that 
subject. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  BROWN,  of  Douglas,  moved  that  when  the  Convention  adjourn, 
it  adjourn  to  meet  on  Monday  at  three  o'clock,  P.  M. 

Mr.  AUSTIN,  of  Swanzey,  moved  to  substitute  the  hour  of  ten 
o'clock  on  Tuesday. 

The  question  being  on  the  motion  of  Mr.  Austin,  it  was  rejected. 

The  motion  of  Mr.  Brown  was  agreed  to  by  a  vote  of  one  hundred 
and  thirty-seven  in  the  affirmative,  and  thirty-two  in  the  negative. 

And  then,  on  motion  of  Mr.  OLIVER,  of  Lawrence,  at  half  past 
one  o'clock, 

The  Convention  adjourned. 


MONDAY,  May  30,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  Saturday  was  read. 

A  communication  was  received  from  the  Secretary  of  State,  en 
closing  a  list  of  the  towns  formed  in  this  State  since  the  year  1820. 

Laid  on  the  table  and  ordered  to  be  printed. 

Mr.  GOURGAS,  of  Concord,  presented  the  Credentials  of  George  S. 
Bout  well,  elected  a  Delegate  to  the  Convention  from  the  town  of 
Berlin. 

Ordered  to  be  placed  on  file. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Committee  on  the  Secretary,  Treasurer,  &c.,  be 
instructed  to  consider  the  expediency  of  amending  the  Constitution, 


1853.]  JOURNAL   OF    THE    CONVENTION.  73 

so  as  to  provide  for  the  election  by  the  people  of  the  Commonwealth 
of  a  Prison  Inspector. 

On  motion  of  Mr.  LOTHROP,  of  Boston, 

Ordered,  That  the  Committee  on  the  Qualifications  of  Voters, 
consider  the  expediency  of  providing  that  ability  to  read  and  write 
shall  be  an  indispensable  requisite  for  the  exercise  of  the  elective 
franchise  in  all  elections  held  for  the  choice  of  town,  city,  county,  and 
state  officers. 

Ordered,  That  the  same  committee  consider  the  expediency  of 
regarding  the  power  to  vote  as  a  sacred  trust,  as  well  as  a  civil  right, 
and  of  therefore  providing  that  the  neglect  of  this  trust, — that  is,  the 
neglect  to  vote, — when  not  caused  by  sickness,  or  absence  from  the 
State,  shall  be  an  offence  punishable  by  fine,  and  if  persevered  in  for 
a  given  term  of  years,  shall  work  a  forfeiture  of  the  right  to  vote. 

The  following  Order,  offered  by  Mr.  FRENCH,  of  Berkley,  was  re 
ferred  to  the  Committee  of  the  Whole. 

Ordered,  That  the  Committee  on  the  Lieutenant-Governor  inquire 
into  the  expediency  of  abolishing  that  office  in  this  Commonwealth. 

On  motion  of  Mr.  WARNER,  of  Wrentham,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day,  the  first  matter 
being  the  Eesolves  on  the  subject  of  the  governor. 

On  motion  of  Mr.  THOMPSON,  of  Charlestown, 

Ordered,  That  when  the  question  is  taken  on  the  final  passage  of 
the  Resolves,  it  be  taken  by  yeas  and  nays. 

And  the  roll  being  called,  two  hundred  and  eighty-nine  members 
voted  for  the  Resolves,  and  six  members  against  them. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Benjamin  P.  Adams,  Messrs.  Marcus  Barrett, 

Shubael  P.  Adams,  Moses  Bates,  Jr., 

P.  Emory  Aldrich,  Erasmus  D.  Beach, 

Charles  Allen,  John  Beal, 

James  B.  Allen,  James  M.  Beebe, 

Joel  C.  Allen,  Zephaiiiah  Bennett, 

Parsons  Allen,  Edward  B.  Bigelow, 

John  B.  AUey,  Francis  W.  Bird, 

Robert  Andrews,  George  W.  Blagden, 

William  Appleton,  Gad  O.  Bliss, 

Samuel  Ayres,  George  S.  Boutwell, 

Alvah  Ballard,  Sewell  Boutwell, 

George  S.  Ball,  William  J.  A.  Bradford, 

llussell  Bartlett,  Hiram  N.  Breed, 

Sidney  Bartlett,  George  N.  Briggs, 


74 


JOURNAL    OF    THE    CONVENTION. 


[May  30th, 


Messrs.  Adolphus  F.  Brown, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Joseph  Brownell, 
Amos  H.  Bullen, 
liufus  Bullock, 
Cephas  C.  Bumpus, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
Henry  Cady, 
"William  Carruthers, 
Isaac  Case, 
Amariah  Chandler, 
Daniel  E.  Chapin, 
Josiah  Childs, 
Rufus  Choate, 
J.  McKean  Churchill, 
Salah  Clark, 
Alpheus  B.  Clarke, 
Stillman  Clarke, 
William  Cleverly, 
Jacob  Coggin, 
'  Nathaniel  Cogswell, 
Sumner  Cole, 
Ithamar  Conkey, 
Henry  F.  Cooledge, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden, 
George  W.  Crockett, 
Leander  Crosby, 
Joseph  W.  Cross, 
Francis  B.  Crowninshield, 
Joseph  Cummings, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr., 
Ebenezer  Davis, 
John  Davis, 
Robert  T.  Davis, 
Solomon  Davis, 
Silas  Dean, 
William  Dehon, 
Elijah  S.  Deming, 
Augustus  Denton, 
Alexander  DeWitt, 
James  C.  Doane, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 


Messrs.  Peter  Easland, 

James  Easton,  2d, 
Lilley  Eaton, 
Elisha  Edwards, 
Homer  Ely, 
William  T.  Eustis, 
A.  G.  Farwcll, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
Samuel  P.  Fowler, 
James  M.  Freeman, 
Charles  A.  French, 
Samuel  French, 
Richard  Frothingham,  Jr., 
Luther  Gale, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
Robert  Gould, 
Jason  Goulding, 
Francis  R.  Gourgas, 
John  W.  Graves, 
John  C.  Gray, 
Jabez  Green, 
William  B.  Greene, 
Samuel  P.  Hadley, 
Artemas  Hale, 
Charles  B.  Hall, 
Benjamin  F.  Hallett, 
A.  B.  Hammond, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Elnathan  P.  Hathaway, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Charles  Heard, 
Ezra  Heath,  2d, 
Samuel  Henry, 
Henry  Hersey, 
James  Hewes, 
William  H.  Hewea, 
Levi  Heywood, 
William  Hinsdale, 


1853.] 


JOURNAL   OF    THE    CONVENTION. 


75 


Messrs.  Aaron  Hobart, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Thomas  Hopkinson, 
Samuel  Houghtou, 
Martin  Howard, 
William  J.  Hubbard, 
William  Hunt, 
Charles  P.  Huntington, 
George  H.  Huntington, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
John  Jacobs, 
Samuel  II.  Jenks, 
John  Johnson, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Henry  W.  Kinsman, 
Jefferson  Knight, 
Joseph  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
George  II.  Kuhn, 
Gardner  P.  Ladd, 
John  S.  Ladd, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Abishai  Lincoln, 
Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Reuben  Meader, 
Simeon  Merritt, 
Samuel  Mixter, 
James  L.  Monroe, 
Joseph  B.  Morss, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
Charles  Newman, 


Messrs.  William  Nichols, 
Daniel  Noyes, 
Andrew  T.  Nute, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
John  G.  Park, 
Adolphus  G.  Parker, 
Joel  Parker, 
Samuel  D.  Parker, 
Jonathan  Parris, 
John  Partridge, 
Thomas  E.  Payson, 
Nathaniel  Peabody, 
John  Penniman, 
Daniel  A.  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
George  Putnam, 
John  A.  Putnam, 
Robert  Rantoul, 
Silas  Rawson, 
James  Read, 
Sampson  Reed, 
David  Rice, 
Luther  Richards, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
John  Rogers, 
James  C.  Royce, 
George  R.  Sampson, 
Chester  Sanderson, 
John  Sargent, 
William  Schouler, 
John  Sherril, 
Chester  Sikes, 
John  S.  Sleeper, 
Matthew  Smith, 
John  Souther, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Charles  G.  Stevens, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Alfred  L.  Strong, 


76  JOURNAL  OF  THE  CONVENTION. 


[May  30th, 


Messrs.  Charles  Sumner,  Messrs.  Marshal  Warner, 

Increase  Sumner,  Samuel  Warner,  Jr., 

Alanson  Swain,  Cyrus  Weeks, 

Arnold  Taft,  Gershom  B.  Weston, 

Thomas  Talbot,  William  F.  Wheeler, 

Ralph  Taylor,  Benjamin  White, 

Joseph  Thayer,  George  White, 

Willard  Thayer,  2d,  Daniel  S.  Whitney, 

John  W.  Thomas,  Daniel  Wilbur, 

Charles  Thompson,  Joel  Wilder, 

Edmund  P.  Tileston,  John  H.  Wilkins, 

Abraham  Tilton,  Henry  Williams, 

Horatio  W.  Tilton,  J.  B.  Williams, 

Ephraim  Tower,  Henry  Wilson, 

Charles  R.  Train,  Milo  Wilson, 

David  Turner,  Willard  Wilson, 

William  Tyler,  Jonathan  B.  Winn, 

Orison  Underwood,  Levi  M.  Winslow, 

Charles  W.  Upham,  Nathaniel  Wood, 

George  B.  Upton,  Otis  Wood, 

Joel  Viles,  William  H.  Wood, 

Freeland  Wallis,  Josiah  B.  Woods, 

Samuel  Walker,  Ezekiel  Wright. 
Andrew  H.  Ward, 

Those  who  voted  in  the  negative  are : — 

Messrs.  William  Aspinwall,  Messrs.  Samuel  Edwards, 

David  C.  Atwood,  Dalton  Goulding, 

Benjamin  F.  Copeland,  Samuel  B.  Walcott. 

So  the  Resolves  were  finally  passed,  as  follow : — 

Resolved,  That  it  is  expedient,  to  alter  and  amend  the  Constitution, 
so  as  to  provide  that  no  person  except  a  citizen  of  Massachusetts, 
shall  be  eligible  to  the  office  of  governor. 

Resolved^  That  it  is  expedient  to  alter  and  amend  the  Constitution, 
by  abolishing  the  property  qualification  for  governor. 

Resolved^  That  it  is  expedient  to  alter  and  amend  the  Constitution, 
so  as  to  provide  for  the  election  of  governor,  on  the  Tuesday  next 
after  the  first  Monday  in  the  month  of  November,  annually. 

Resolved^  That  it  is  expedient  to  alter  and  amend  the  Constitution, 
so  as  to  provide  that  in  case  of  the  failure  of  an  election  of  governor 
by  the  people,  he  shall  be  elected  by  the  Senate  and  House  of  Rep 
resentatives,  by  joint  ballot. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  on  the 
subject  of  the  name — "  The  Commonwealth  of  Massachusetts,"  and 


1853.]  JOURNAL    OF    THE    CONVENTION.  77 

the  President  requested  Mr.  Thompson,  of  Charlestown,  to  take  the 
chair. 

Afterwards,  Mr.  THOMPSON  reported,  that  the  committee  had  con 
sidered  the  subject  referred  to  them,  and  recommended  the  acceptance 
of  the  Report. 

The  Resolve  was  accordingly  ordered  to  a  second  reading,  and 
afterwards,  under  a  suspension  of  the  rules,  was  accepted,  as  follows : 

They  recommend  that  the  name — "  The  Commonwealth  of  Massa 
chusetts,"  be  retained,  and  that  no  amendment  is  needed  in  the 
introductory  portion  of  "  part  the  second  "  of  said  Constitution. 

On  motion  of  Mr.  HALL,  of  Haverhill,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  on  the 
subject  of  the  time  of  holding  elections,  and  the  President  requested 
Mr.  Butler,  of  Lowell,  to  take  the  chair. 

Afterwards,  Mr.  BUTLER  reported,  that  the  committee  had  consid 
ered  the  subject  referred  to  them,  and  recommended  the  passage  of 
the  Resolve. 

The  Resolve  was  accordingly  ordered  to  a  second  reading,  and  then, 
under  a  suspension  of  the  rules,  was  finally  passed,  as  follows : — 

Resolved,  That  the  Constitution  be  so  amended,  as  to  provide  that 
all  popular  elections  of  state  and  county  officers,  recurring  at  stated 
periods,  be  held,  hereafter,  on  the  Tuesday  next  succeeding  the  first 
Monday  in  November. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  relating  to  the  lieutenant-governor,  and  the  President 
requested  Mr.  Crowninshield,  of  Boston,  to  take  the  chair. 

Afterwards,  Mr.  CROWNINSHIELD  reported,  that  the  committee  had 
had  under  consideration  the  articles  referred  to  them,  and  had  instruct 
ed  him  to  report  them  to  the  Convention,  with  certain  amendments 
to  the  first  article. 

The  amendments  were  agreed  to  by  the  Convention,  as  follows : — 

In  the  second  and  third  lines,  (printed  copy,)  strike  out  the  words, 
"whose  title  shall  be  His  Honor,  and". 

In  the  ninth  and  tenth  lines,  strike  out  the  words, "  have  a  majority 
of  all  the  votes  returned,"  and  insert  instead  thereof,  the  words,  "  be 
elected." 

In  the  thirteenth  line,  strike  out  the  words,  "  a  majority  of "  and 
insert  instead  thereof,  the  words,  "  been  elected  by." 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  articles  were  recommit- 


78  JOURNAL    OF    THE    CONVENTION.  [May  31st, 

ted  to  the  Committee  of  the  Whole,  to  take  their  place  in  the  Calen 
dar  with  the  Report  on  the  subject  of  the  Council. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  subject  of  Oaths  and  Subscrip 
tions,  &e.,  and  the  President  requested  Mr.  Gray,  of  Boston,  to  take 
the  chair. 

Afterwards,  Mr.  GRAY  reported,  that  the  Committee  of  the  Whole 
had  made  progress  in  the  consideration  of  the  subject  referred  to 
them,  but  had  come  to  no  conclusion,  and  had  instructed  him  to  ask 
leave  to  sit  again. 

And  leave  was  accordingly  granted. 

And  then,  at  twenty  minutes  past  six  o'clock,  on  motion  of  Mr. 
CHURCHILL,  of  Milton, 

The  Convention  adjourned. 


TUESDAY,  May  31,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  GREENE,  of  Brookfield,  presented  the  Petition  of  Josiah  Hen- 
shaw  and  eighty  others,  of  West  Brookfield,  to  have  the  word  "  male  " 
stricken  from  the  Constitution. 

On  motion  of  Mr.  MARVIN,  of  Winchendon, 

Ordered,  That  the  Committee  on  the  Encouragement  of  Litera 
ture  be  instructed  to  inquire  into  the  expediency  of  so  amending  the 
Constitution  as  to  require  that  all  persons  who  may  be  admitted  to 
the  right  of  suffrage  after  the  year  1856,  shall  be  able  to  read  the 
Constitution  of  this  Commonwealth,  printed  in  the  English  language. 

On  motion  of  Mr.  POWERS,  of  Lowell, 

Ordered,  That  the  Committee  on  the  Encouragement  of  Literature 
be  instructed  to  inquire  into  the  expediency  of  so  amending  the  Con 
stitution,  that  the  School  Fund  belonging  to  the  Commonwealth, 
shall  never  be  appropriated  or  applied  to  the  support  of  any  sectarian 
schools,  or  schools  founded  upon  sectarian  principles. 

On  motion  of  Mr.  DANA,  member  for  Manchester, 

Ordered,  That  the  Committee  on  the  Judiciary  consider  the  expe- 


1853.]  JOURNAL    OF    THE    CONVENTION.  79 

diency,  in  the  event  of  the  Council  being  abolished,  of  amending  the 
provision  for  the  removal  of  judicial  officers  by  address,  so  as  to 
require  a  vote  of  two-thirds  of  one  or  both  branches  of  the  legisla 
ture. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
further,  the  Resolves  reported  by  the  Committee  on  Oaths  and  Sub 
scriptions,  &c.,  and  the  President  requested  Mr.  Gray,  of  Boston,  to 
take  the  chair. 

Afterwards,  Mr.  GRAY  reported  the  Resolves  to  the  Convention 
without  amendment,  and  they  were  ordered  to  a  second  reading. 

On  motion  of  Mr.  HOOPER,  of  Fall  River,  the  Convention  resolved 
itself  into  Committee  of  the  Whole  for  the  purpose  of  considering 
the  Resolve  on  the  subject  of  elections  by  plurality  of  votes,  and  the 
President  requested  Mr.  Sumner,  member  for  Marshfield,  to  take  the 
chair. 

Afterwards,  Mr.  SUMNER  reported,  that  the  Committee  of  the  Whole 
had  had  under  consideration  the  Resolve  which  was  referred  to  them, 
had  made  some  progress  therein,  but  had  come  to  no  conclusion,  and 
had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  half  past  one  o'clock,  on  motion  of  Mr.  EARLE,  of  Worcester, 

The  Convention  adjourned. 

AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  WHEELER,  of  Lincoln, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  con 
sider  the  expediency  of  incorporating  into  the  Constitution  a  provision 
that  senators  in  congress  shall  be  chosen  by  joint  ballot  of  both 
branches  of  the  legislature,  assembled  in  convention. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Committee  on  the  Governor,  be  instructed  to 
consider  the  expediency  of  amending  article  7,  of  section  1,  chap 
ter  2,  of  the  Constitution,  by  substituting  therefor  the  following 
words,  to  wit :  The  governor  shall  be  commander-in-chief  of  the 
militia  of  the  Commonwealth,  and  of  the  army  and  navy. 

Mr.  BRIGGS,  of  Pittsfield,  submitted  the  following  Resolution  : — 
Resolved,  That  the  Committee  on  the  House  of  Representatives 


80  JOURNAL    OF    THE    CONVENTION.  [June  1st, 

be  intruded  to  inquire  into  the  expediency  of  so  altering  that  part  of 
the  Constitution  which  relates  to  the  time  of  choosing  representatives 
to  the  general  court,  as  to  provide  that  representatives  may  be 
elected  at  any  time  before  the  day  of  the  final  adjournment  of  the 
legislature  to  which  they  are  to  be  elected. 

Referred  to  the  Committee  of  the  Whole. 

Mr.  SHELDON,  of  Easton,  moved  that  when  the  Convention  adjourn, 
it  adjourn  to  meet  at  nine  o'clock  to-morrow  morning,  but  afterwards 
withdrew  the  motion. 

On  motion  of  Mr.  BROWN,  of  Douglas,  the  Convention  resolved 
itself  into  Committee  of  the  Whole  for  the  purpose  of  considering 
the  Resolve  concerning  elections  by  plurality  of  votes,  and  the  Presi 
dent  requested  Mr.  Summer,  member  for  Marshfield,  to  take  the  chair. 

Afterwards,  Mr.  SUMNER  reported  to  the  Convention  that  the  com 
mittee  had  made  further  progress  in  the  consideration  of  the  sub 
ject,  but  had  come  to  no  conclusion,  and  had  instructed  him  to  ask 
leave  to  sit  again. 

And  leave  was  accordingly  granted. 

Mr.  BUTLER,  of  Lowell,  moved  that  the  debate  on  this  subject,  in 
Committee  of  the  Whole,  shall  close  at  eleven  o'clock  to-morrow. 

At  the  suggestion  of  Mr.  DURGIN,  of  Wilmington,  he  afterwards 
modified  his  motion  by  substituting  the  hour  of  twelve,  and  then  the 
motion  was  adopted. 

At  a  quarter  past  six  o'clock,  upon  motion  of  Mr.  UNDERWOOD,  of 
Milford, 

The  Convention  adjourned. 


WEDNESDAY,  June  1,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  FAY,  of  Southborough,  from  the  Committee  on  Leave  of  Ab 
sence,  submitted  a  Report,  granting  leave  of  absence  to  Mr.  Aldrich, 
of  Barre,  for  two  weeks,  commencing  May  31st ;  and  to  Mr.  Sampson 
Reed,  of  Boston,  for  twenty  days,  commencing  on  Friday  next ; 
which  Report  was  accepted,  and  leave  granted  accordingly. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day,  the  first  matter  being  the 
Resolves  reported  by  the  Committee  on  the  subject  of  Oaths  and 
Subscriptions,  &c. 


1853.]  JOURNAL    OF    THE    CONVENTION.  81 

And  the  Resolves  were  read  a  second  time,  and  finally  passed,  as 
follow : — 

1.  Resolved,  That  it  is  expedient  to  amend  and  alter  the  existing 
Constitution  in  this   article,  by  incorporating  the  oath  of  allegiance 
and  the  oath  of  office  into  one  formula. 

2.  Resolved,  That  it  is  expedient  to  alter  and  amend  this  part  of 
the  Constitution,  as  follows,  namely:   Strike  out  the  words,  "  So  help 
me  God,"  where  they  first  occur,  and  in  lieu  thereof  insert  the  word 
"  and."     Also,  strike  out  in  the  official  oath  the  words,  "  I,  A.  B.,  do 
solemnly  swear  and  affirm."     So  that  there  shall  be  but  one  oath  taken 
and  subscribed,  which,  as  amended,  shall  read  as  follows : — 

"  I,  A.  B.,  do  solemnly  swear  that  I  will  bear  true  faith  and  alle 
giance  to  the  Commonwealth  of  Massachusetts,  and  will  support  the 
Constitution  thereof;  and  that  I  will  faithfully  and  impartially  dis 
charge  and  perform  all  the  duties  incumbent  on  me  as  [here  insert 
the  office,]  according  to  the  best  of  my  abilities  and  understanding, 
agreeably  to  the  rules  and  regulations  of  the  Constitution  and  the 
laws  of  the  Commonwealth.  So  help  me  God." 

3.  Resolved,  That  it  is  expedient  to  amend  and  alter  the  proviso 
in  this  article  as  follows : — 

1.  Strike  out  the  words,  "  of  the  denomination  of  the  people  called 
Quakers,"  and  insert  the  words  "  conscientiously  scrupulous  of  taking 
and  subscribing  an  oath." 

2.  Strike  out  the  letter  "  s  "  in  the  word  "  oaths,"  which  follows  the 
words  "  taking  the  said ;"  and  strike  out  the  words  "  in  the  foregoing 
form." 

3.  Strike   out  the  words  "  in  the  first  oath."     Also,  the  words  "  in 
the  second  oath,"  and  in  each  of  them  the  words — So  help  me  God. 

4.  Strike  out  the  words,  "  instead  thereof,"  where  they  first  occur  in 
said  proviso,  so  that  the  proviso,  as  amended,  shall  read  as  follows  : — 

"  Provided,  always,  that  when  any  person,  chosen  or  appointed  as 
aforesaid,  shall  be  conscientiously  scrupulous  of  taking  and  subscribe 
ing  an  oath,  and  shall  decline  taking  the  said  oath,  he  shall  make  his 
affirmation,  and  subscribe  the  same,  omitting  the  word  '  swear,'  and 
inserting  the  word  '  affirm '  instead  thereof,  and  subjoining — This  I  do 
under  the  pains  and  penalties  of  perjury." 

4.  Resolved,  That  the  third  article  of  the  sixth  chapter  b,e  stricken 
out  of  the  Constitution. 

5.  Resolved,  That  it  is  not  expedient  to  alter,  revise,  or  amend  the 
fourth  and  sixth  articles  of  the  sixth  chapter,  but  that  the  same  stand 
as  they  and  each  of  them  now  are. 


82  JOURNAL   OF    THE    CONVENTION.  [June  1st, 

6.  Resolved,  That  it  is  expedient  to  alter  and  amend  the  fifth  arti 
cle  of  the  sixth  chapter,  by  striking  out  the  words  "  they  shall  bear 
test  of  the  first  justice  of  the  court  to  which  they  shall  be  returnable, 
who  is  not  a  party."  So  that  the  article,  as  amended,  shall  read 
thus : — 

"  ARTICLE  5.  All  writs  issuing  out  of  the  clerk's  office  in  any  of 
the  courts  of  law,  shall  be  in  the  name  of  the  Commonwealth  of 
Massachusetts  ;  they  shall  be  under  the  seal  of  the  court  from  whence 
they  issue,  and  be  signed  by  the  clerk  of  such  court." 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolve  on  the  subject  of  elections  by  plurality ;  and  the  Presi 
dent  requested  Mr.  Surnner,  member  for  Marshfield,  to  take  the  chair. 

Afterwards,  Mr.  SUMNER  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  Resolve  referred  to  them, 
and  had  instructed  him  to  report  that  it  ought  not  to  pass. 

Mr.  MORTON,  of  Taunton,  offered  a  substitute  for  the  Resolve  ; 
pending  the  consideration  of  which, 

At  a  quarter  past  two  o'clock,  on  motion  of  Mr.  BUTLER,  of 
Lowell, 

The  Convention  adjourned. 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  HOYT,  of  Deerfield,  presented  the  Petition  of  J.  A.  Saxton,  and 
thirty-two  others,  of  Deerfield,  for  a  declaration  in  favor  of  protection 
to  fugitive  slaves. 

Referred  to  the  Committee  on  the  Bill  of  Rights. 

Mr.  PENNIMAN,  of  Chelsea,  presented  the  Petition  of  John  P. 
Coburn,  and  one  hundred  others,  for  a  modification  of  the  laws,  so 
that  no  able-bodied  citizen  shall  be  prevented  from  serving  or  holding 
office  or  commission  in  the  militia,  on  account  of  his  color. 

Referred  to  the  same  committee. 

Mr.  ALLEN,  of  Worcester,  from  the  Committee  on  the  Frame  of 
Government,  submitted  a  Report  upon  an  Order  of  May  17th, 
concerning  the  loan  of  the  credit  of  the  State,  recommending  that  it 
be  referred  to  the  committee  having  that  subject  in  charge. 

The  Report  was  accepted,  and  the  Order  so  referred. 

The  same  gentleman,  from  the  same  committee,  submitted  a 
Report,  inexpedient  to  act  upon  the  subject  of  an  Order  of  the  16th  of 


1853.]  JOURNAL    OF    THE    CONVENTION.  83 

May,  concerning  a  limitation  of  the  time  for  the  reception  of  petitions 
by  the  legislature. 

Also,  inexpedient  to  act  upon  the  subject  of  an  Order  of  the  17th  of 
May,  respecting  the  originating  of  bills  and  resolves  in  the  House  of 
Representatives. 

Also,  inexpedient  to  act  upon  the  subject  of  an  Order  of  the  18th  of 
May,  relating  to  the  permanent  establishment  of  the  seat  of  govern 
ment  at  Boston. 

Also,  a  Resolve  on  the  subject  of  an  Order  of  the  16th  of  May, 
relative  to  viva  voce  elections  by  the  legislature. 

Mr.  WHITNEY,  of  Conway,  from  the  special  committee  on  the 
subject  of  making  constitutional  provisions  for  the  creation  of  corpo 
rations,  submitted  a  Report  and  Resolve  on  that  subject. 

These  Reports  were  severally  referred  to  the  Committee  of  the 
Whole,  and  were  ordered  to  be  printed. 

Mr.  KEYES,  member  for  Abington,  moved  that  the  Resolve  on  the 
subject  of  elections  by  plurality  of  votes,  and  the  substitute  offered  by 
Mr.  Morton,  of  Taunton,  be  recommitted  to  the  special  committee  on 
that  subject. 

On  motion  of  Mr.  SCHOULER,  of  Boston,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

Mr.  BUTLER,  of  Lowell,  then  renewed  the  motion  for  recommitment, 
previously  made  by  Mr.  Keyes,  but  afterwards,  at  the  suggestion  of 
Mr.  Cady,  of  Monson,  moved  to  commit  the  subject  to  a  special 
committee  of  one  from  each  county,  which  motion  was  agreed  to. 

Mr.  HALLETT,  member  for  Wilbraham,  offered  a  Resolution  on  the 
subject  of  elections. 

Referred  to  the  special  committee. 

Mr.  GRAY,  of  Boston,  offered  an  Order,  instructing  the  Committee 
on  the  House  of  Representatives  to  prepare  a  table  of  population  and 
representation,  &c. 

Laid  over,  under  the  rule. 

On  motion  of  the  same  gentleman,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolves  on  the  subject  of  the  Council ;  and  the  President  requested 
Mr.  Briggs,  of  Pittsfield,  to  take  the  chair. 

Afterwards,  Mr.  BRIGGS  reported,  that  the  committee  had  made  pro 
gress  in  the  consideration  of  the  subject  referred  to  them,  but  had  come 
to  no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  six  o'clock,  on  motion  of  Mr.  WEEKS,  of  Harwich, 

The  Convention  adjourned. 


84  JOURNAL    OF    THE    CONVENTION.  [June  2d, 

THURSDAY,  June  2,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Special  Committee  on  Elections  by  Plurality  be 
instructed  to  inquire  into  the  expediency  of  so  amending  the  Consti 
tution  that  all  vacancies  occasioned  by  failures  to  elect  senators  and 
representatives  by  a  majority  on  the  day  of  the  annual  election,  shall 
be  filled  by  elections  to  be  held  on  the  second  Tuesday  of  December, 
by  a  plurality  of  votes  ;  also,  so  as  to  give  the  legislature  authority  to 
provide  by  law  that  county  and  municipal  officers  may  be  chosen  by 
a  plurality  of  votes — such  law  not  to  take  effect  until  two  years  after 
its  passage. 

On  motion  of  Mr.  COLE,  of  Cheshire, 

Ordered,  That  the  Committee  on  Enrolment  be  directed  to  consider 
the  propriety  of  reporting  to  the  Convention  that  it  is  expedient  and 
proper  to  submit  to  the  people,  for  adoption  or  rejection,  so  much  of 
the  amended  Constitution  as  relates  to  the  number  of  representatives 
and  the  basis  of  their  apportionment,  elections  by  plurality  or 
majority,  and  granting  the  loan  of  State  credit,  in  questions  distinct 
from  each  other  and  from  the  Constitution  as  a  whole. 

Mr.  UNDERWOOD,  of  Milford,  submitted  the  following  Resolutions : — 

Resolved,  That  the  House  of  Representatives  shall  be  composed  of 
members  chosen  as  follows  : — 

Every  town  or  city  containing  less  than  one  thousand  inhabitants 
shall  be  entitled  to  one  representative  every  third  year.  Said  towns 
to  be  divided,  as  equally  as  may  be,  into  three  classes ;  the  first  class 
to  elect  the  first  year,  the  second  class  the  second  year,  and  the  third 
class  the  third  year. 

Every  town  or  city  containing  over  one  thousand  and  less  than  two 
thousand  inhabitants  shall  be  entitled  to  one  representative  every 
second  year.  Said  towns  to  be  divided,  as  equally  as  may  be,  into 
two  classes  ;  the  first  class  to  elect  the  first  year,  and  the  second  class 
the  second  year. 

Every  town  or  city  of  two  thousand  inhabitants  shall  have  one 
representative  annually. 

Every  town  or  city  of  six  thousand,  shall  have  two. 

Every  town  or  city  of  twelve  thousand,  shall  have  three. 

Every  town  or  city  of  twenty  thousand,  shall  have  four. 


1853.]  JOURNAL    OF    THE    CONVENTION.  85 

Resolved,  further,  That  the  rate  of  increase  above  twenty  thousand 
inhabitants,  to  entitle  any  town  or  city  to  an  additional  representative, 
shall  be  ten  thousand,  but  no  town  or  city  shall  in  any  case  have  over 
twenty-five  representatives. 

The  Order  offered  yesterday,  instructing  the  Committee  on  the 
House  of  Representatives  to  prepare  a  table  of  population  and  repre 
sentation,  &c.,  was  considered  and  rejected. 

Mr.  MORTON,  of  Taunton,  from  the  Committee  on  the  Judiciary 
Power,  submitted  a  Report  and  Resolves  on  that  subject. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  COLE,  of  Cheshire,  offered  the  following  Order,  which  was 
adopted  by  a  vote  of  one  hundred  and  sixty-five  in  the  affirmative, 
and  sixty-one  in  the  negative  : — 

Ordered,  That  the  Convention  hereafter  adjourn  at.  one  o'clock, 
P.  M.,  until  otherwise  determined. 

Afterwards,  Mr.  MILLER,  of  Wareham,  moved  a  reconsideration  of 
the  vote  by  which  the  Order  was  adopted ;  ^and  the  motion  was 
placed  in  the  Orders  of  the  Day. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston,  the  Convention  re 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  further 
considering  the  Resolves  relating  to  the  Council,  and  the  Resolves 
relating  to  the  Lieutenant-Governor ;  and  the  President  requested  Mr. 
Briggs,  of  Pittsfield,  to  take  the  chair. 

Afterwards,  Mr.  BRIGGS  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  Resolves,  but  had  come  to  no 
conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  one  o'clock,  on  motion  of  Mr.  MORTON,  of  Quincy, 

The  Convention  adjourned. 

AFTERNOON     SESSION. 

Met  according  to  adjournment. 

The  PRESIDENT  appointed  the  Committee  ordered  by  the  Conven 
tion,  on  the  subject  of  Elections  by  Plurality  and  Majority,  consisting 
of  the  following  members,  viz. : — 

Messrs.  Butler,  of  Lowell,  Keyes,  member  for  Abington,  Stevenson, 
of  Boston,  Rockwell,  of  Pittsfield,  Williams,  of  Taunton,  De  Witt,  of 
Oxford,  Phinney,  member  for  Chatham,  White,  of  Quincy,  Griswold, 
of  Buckland,  Morss,  of  Newburyport,  Parker,  of  Chicopee,  Gilbert, 
of  Plainfield,  Pease,  of  Edgartown,  and  Easton,  of  Nantucket. 


86  JOURNAL    OF    THE    CONVENTION.  [June  3d, 

On  motion  of  Mr.  NAYSON,  of  Amesbury,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  further 
considering  the  Resolves  relating  to  the  Council  and  the  Lieutenant- 
Governor,  and  the  President  requested  Mr.  Briggs,  of  Pittsfield,  to 
take  the  chair. 

Afterwards,  Mr.  BRIGGS  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  corne  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  twenty  minutes  past  six  o'clock,  on  motion  of  Mr.  DUNCAN,  of 
"Williamstown, 

The  Convention  adjourned. 


FRIDAY,  June  3,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  GREENE,  of  Brook  field,  presented  the  Petition  of  Zilpha  W.  H. 
Spooner  and  forty-three  others,  women  of  Massachusetts,  that  they 
may  be  permitted  to  vote  on  the  proposed  amendments  of  the  Con 
stitution. 

Referred  to  the  Committee  on  the  Qualifications  of  Voters. 

On  motion  of  Mr.  CHURCHILL,  of  Milton, 

Ordered,  That  the  Committee  on  the  Governor  be  requested  to 
consider  and  report  upon  the  expediency  of  so  amending  the  Consti 
tution  as  to  provide  that  in  all  applications  to  the  executive  of  this 
Commonwealth  for  the  exercise  of  the  power  to  pardon  or  commute, 
public  notice  thereof  arid  of  the  time  and  place  of  hearing  the  same 
shall  be  given,  both  in  the  county  where  the  person  in  whose  behalf 
such  application  is  made,  was  tried  and  convicted,  and  in  some  news 
paper  published  in  the  city  of  Boston  ;  and  that  it  shall  likewise  be 
the  duty  of  the  said  Governor  and  Council  to  consult  and  advise 
with  the  attorney  of  the  Commonwealth  who  was  engaged  in  the 
trial  and  conviction  of  such  applicant  for  executive  clemency,  as  to 
the  propriety  of  granting  the  same,  or  to  require  the  presence  of  said 
attorney  at  the  hearing  of  such  application. 

On  motion  of  Mr.  PHELPS,  of  Monroe, 

Ordered^  That  the  Committee  on  Plurality  in  Elections,  take  into 
consideration  the  expediency  of  so  altering  or  amending  the  Consti- 


1853.] 


JOURNAL    OF    THE    CONVENTION.  87 


tution,  that  whenever  there  shall  be  a  failure  to  elect  any  state,  coun 
ty,  district,  or  municipal  officer,  at  the  first  election  which  shall  be 
held  therefor,  at  a  subsequent  meeting  held  for  that  purpose,  the  per 
son  receiving  the  highest  number  of  votes  at  any  such  subsequent 
meeting,  shall  be  declared  elected. 

On  motion  of  Mr.  MORTON,  of  Quincy, 

Ordered,  That  the  Committee  on  the  Frame  of  Government,  take 
into  consideration  the  expediency  of  so  amending  the  Constitution, 
that,  by  that  instrument,  the  rights  of  women  to  their  property, 
acquired  by  devise,  inheritance,  their  own  labor,  or  otherwise,  shall  be 
so  secured  to  them  as  not  to  be  subject  to  be  alienated  except  by  their 
own  act  and  consent. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston, 

Ordered,  That  the  Committee  on  the  Secretary,  Treasurer,  &c.,  be 
directed  to  consider  the  expediency  of  so  amending  the  Constitution, 
that  there  shall  be  two  classes  of  justices  of  the  peace,  viz. : — 

1st.  Police  or  trial  justices,  consisting  of  such  a  number  as  may  be 
necessary,  but  not  less  than  one  in  each  town,  who  shall  be  elected 
by  the  people  for  five  years,  and  who  shall  have  all  the  powers,  and 
shall  perform  all  the  duties  that  are  now  exercised  by  justices  of  the 
peace,  justices  of  the  quorum,  and  by  qualifying  officers;  and 

2d.  Justices  of  the  peace,  whose  authority  shall  extend  only  to  the 
acknowledgment  of  deeds,  and  to  the  administration  of  oaths. 

Mr.  BISHOP,  of  Lenox,  from  the  Committee  on  the  subject  of  the 
Secretary,  Treasurer,  Attorney-General,  &c.,  submitted  a  Report  and 
Resolutions  on  that  subject. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

The  same  gentleman,  from  the  same  committee,  submitted  a 
Report  on  an  Order  of  inquiry  as  to  the  expediency  of  electing  jus 
tices  of  the  peace  by  the  people  ;  recommending  that  the  committee 
be  discharged  from  the  further  consideration  of  the  Order,  and  that  it 
be  referred  to  the  Committee  on  the  Judiciary  Power. 

After  debate,  on  motion  of  Mr.  WATERS,  of  Millbury,  the  Report 
was  recommitted  to  the  Committee  on  the  Secretary,  Treasurer,  &c. 

Mr.  LIVERMORE,  of  Cambridge,  from  the  Committee  on  the  Pay 
Roll,  submitted  a  Report  on  the  subject  of  the  compensation  of  the 
members  of  the  Convention. 

Laid  upon  the  table,  and  ordered  to  be  printed. 

On  motion  of  Mr.  BIRD,  of  Walpole,  the  Secretary  was  directed 
to  give  notice  to  the  city  of  Boston,  of  a  vacancy  existing  in  the 


88  JOURNAL    OF    THE    CONVENTION.  [June  3d, 

delegation  from  that  city,  occasioned  by  the  resignation  of  Hon. 
Samuel  A.  Eliot. 

On  motion  of  Mr.  CHANDLER,  of  Greenfield,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  motion  of  Mr.  Miller,  of  Wareham,  that 
the  vote^by  which  the  Convention  agreed  to  adjourn  each  day  at  one 
o'clock,  P.  M.,  be  reconsidered. 

After  debate,  the  motion  to  reconsider  was  rejected  by  a  vote  of 
seventy-four  in  the  affirmative,  and  one  hundred  and  twenty-four  in 
the  negative. 

On  motion  of  Mr.  PHINNEY,  member  for  Chatham,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con 
sidering  the  Resolves  on  the  subject  of  the  Council  and  the  Lieut- 
enant-Governer ;  and  the  President  requested  Mr.  Briggs,  of  Pitts- 
field,  to  take  the  chair. 

Afterwards,  Mr.  BRIGGS  reported  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  Resolves,  but  had  come 
to  no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  one  o'clock,  on  motion  of  Mr.  EARLE,  of  Worcester, 

The  Convention  adjourned. 

AFTERNOON  SESSION. 

Met  according  to  adjournment. 

A  communication  was  read  from  Mr.  Storrow,  member  from  Law 
rence,  asking  leave  of  absence  for  ten  days,  on  account  of  ill  health. 
Referred  to  the  Committee  on  Leave  of  Absence. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  be  in 
structed  to  consider  the  expediency  of  providing  that  all  Acts  or  Re 
solves  for  the  appointment  of  Commissioners,  shall  specify  the  com 
pensation  for  the  services  to  be  performed,  and  that  in  no  case  shall 
any  extra  compensation  be  allowed  after  the  services  have  been  per 
formed. 

On  motion  of  Mr.  HALL,  of  Haverhill,  sustained  by  a  vote  of  ninety- 
two  in  the  affirmative  to  seventy-seven  in  the  negative, 

Ordered,  That  debate  in  Committee  of  the  Whole  upon  the  Re 
solves  concerning  the  Council,  shall  cease  at  four  o'clock  this  after 
noon. 


1853.]  JOURNAL   OF    THE    CONVENTION.  89 

On  motion  of  Mr.  EDWARDS,  of  Southampton,  the  Convention  re 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  consider 
ing  the  Resolve  on  the  subject  of  the  Council  and  the  Lieutenant- 
Governor ;  and  the  President  requested  Mr.  Briggs,  of  Pittsfield,  to 
take  the  chair. 

Afterwards,  Mr.  BRIGGS  reported,  that  the  Committee  had  considered 
the  Resolves  on  the  subject  of  the  Council,  and  had  instructed  him 
to  report  them  to  the  Convention,  as  amended  ; 

^.Iso,  that  they  had  made  progress  in  the  consideration  of  the  Re 
solves  on  the  subject  of  the  lieutenant-governor,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

The  question  being  upon  granting  leave  to  the  Committee  to  sit 
again  for  the  further  consideration  of  the  Resolves  on  the  subject  of 
the  lieutenant-governor, 

Leave  was  granted. 

Pending  the  consideration  of  the  Resolves  on  the  subject  of  the 
Council, 

At  six  o'clock,  on  motion  of  Mr.  KINGMAN,  of  West  Bridgewater, 

The  Convention  adjourned. 


SATURDAY,  June  4,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  ALLEN,  of  Worcester,  from  the  Committee  on  the  Frame  of 
Government,  submitted  Reports,  as  follow : — 

Inexpedient  to  act  upon  the  subject  of  an  Order  of  May  20th,  con 
cerning  special  privileges  and  immunities. 

Also,  inexpedient  to  act  upon  the  subject  of  an  Order  of  May  24th, 
concerning  the  purchase  of  books  by  the  legislature. 

Also,  inexpedient  to  act  upon  the  subject  of  an  Order  of  May  18th, 
concerning  biennial  elections  and  biennial  sessions  of  the  legislature. 

Also,  inexpedient  to  act  upon  the  subject  of  an  Order  of  May  13th, 
concerning  the  expediency  of  requiring  the  votes  of  a  majority  of  all 
the  members  elected  to  the  legislature,  to  the  enactment  of  a  law  or 
the  passage  of  a  resolve. 

These  Reports  were  severally  referred  to  the  Committee  of  the 
Whole  and  ordered  to  be  printed. 


90  JOURNAL    OF    THE    CONVENTION.  [June  4th, 

Mr.  SUMNER,  member  for  Marshfield,  from  the  Committee  on  the 
Bill  of  Rights,  submitted  a  Report : — 

That  the  Committee  have  had  under  consideration  the  Petition  of 
John  P.  Coburn  and  others,  praying  that  the  laws  of  the  Common 
wealth  be  so  modified  that  no  able-bodied  male  citizen  be  prevented 
from  serving  or  holding  a  commission  in  the  militia  on  account  of 
his  color ;  and  that  they  ask  to  be  discharged  from  the  same,  and 
recommend  that  it  be  referred  to  the  Committee  on  the  Militia. 

And  1he  Report  was  accepted,  and  the  Petition  so  referred. 
On  motion  of  Mr.  WHITNEY,  of  Conway,  sustained  by  a  vote  of 
one  hundred  and  twelve  in  the  affirmative  to  fifty  in  the  negative, 

Ordered,  That  the  question  upon  the  Resolve  relating  to  the 
Council,  be  taken  at  eleven  o'clock  to-day. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolves  on  the  subject  of  the  Council,  as 
amended  in  Committee  of  the  Whole. 

Mr.  DANA,  member  for  Manchester,  moved  to  strike  out  all  after  the 
word  "  Resolved,"  and  substitute  therefor  the  following  : — 

That  the  Constitution  should  be  so  altered  as  to  strike  out  the  third 
section  of  chapter  2,  relating  to  "  the  Council  for  advising  the 
governor  in  the  executive  part  of  the  government,"  and  substitute 
therefor  a  distribution  of  its  powers  and  duties  to  other  branches  and 
officers  of  the  government. 

Being  the  first  Resolution  of  the  series  reported  by  the  standing 
committee  of  the  Convention. 

On  motion  of  Mr.  DE  WITT,  of  Oxford, 

Ordered,  That  when  the  question  is  taken  on  the  proposed  amend 
ment,  it  be  taken  by  yeas  and  nays. 

And  the  roll  being  called,  one  hundred  and  twenty-two  members 
voted  for  the  amendment,  and  one  hundred  and  eighty-four  against  it. 

So  the  amendment  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Josiah  Gr.  Abbott,  Messrs.  Alvah  Ballard, 

Shubael  P.  Adams,  Alpheus  Bancroft, 

Charles  Allen,  Eliakim  A.  Bates, 

James  B.  Allen,  Erasmus  D.  Beach, 

Parsons  Allen,  Henry  W.  Bishop, 

Josiah  Allis,  William  S.  Booth, 

George  Austin,  William  J.  A.  Bradford, 

Hillel  Baker,  Hiram  N.  Breed, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


91 


Messrs.  Adolphus  F.  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Amos  H.  Bullen, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
Isaac  Case, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Josiah  Childs, 
J.  McKean  Churchill, 
Henry  Clark, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
Stillman  Clarke, 
Lansing  J.  Cole, 
George  B.  Crane, 
Joseph  W.  Cross, 
F.  B.  Crowninshield, 
Henry  W.  Cushman, 
Richard  H.  Dana,  Jr., 
Charles  G.  Davis, 
Isaac  Davis, 
Gilman  Day, 
Elijah  S.  Deming, 
Augustus  Denton, 
Alexander  De  Witt, 
Samuel  Duncan, 
Bradish  Dunham, 
James  Easton,  2d, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
James  M.  Freeman, 
Charles  A.  French, 
Luther  Gale, 
Elbridge  Gates, 
Joel  Giles, 
Leonard  Gooding, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
B.  F.  Hallett, 
Seth  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Stephen  E.  Hawkes, 
Aaron  Hobart, 
George  Hood, 
Charles  P.  Huntington, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 


Messrs.  John  Jacobs, 

Joseph  Kimball, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
George  H.  Kuhn, 
Gardner  P.  Ladd, 
Abishai  Lincoln, 
Otis  Little, 
William  P.  Marble, 
Abijah  P.  Marvin, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Marcus  Morton, 
Hiram  Nash, 
William  Nichols, 
Alfred  Norton, 
Andrew  T.  Nute, 
Charles  Osgood, 
John  G.  Park, 
Samuel  C.  Parsons, 
John  Penniman, 
Charles  Phelps, 
Henry  Pierce, 
John  A.  Putnam, 
Robert  Rantoul, 
John  Rogers, 
Chester  Sanderson, 
Luther  Sheldon, 
John  Sherril, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Caleb  Stetson, 
William  Stevens, 
Charles  Sumner, 
Arnold  Taft, 
Joseph  Thayer, 
Willard  Thayer,  2d, 
Horatio  W.  Tilton, 
Charles  R.  Train, 
David  P.  Turner, 
Orison  Underwood, 
Bradford  L.  Wales, 
Freeland  Wallis, 
Samuel  Warner,  Jr., 
James  S.  Whitney, 
Joseph,  Wilbur, 
Henry  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Levi  M.  Winslow, 
Otis  Wood, 
Ezekiel  Wright. 


92 


JOURNAL    OF    THE    CONVENTION. 


[June  4th, 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Alfred  A.  Abbott, 

Benjamin  P.  Adams, 
Joel  C.  Allen, 
Robert  Andrews, 
William  Appletoii, 
William  Aspinwall, 
David  C.  Atwood, 
Samuel  Ay  res, 
Russel  Bartlett, 
Sidney  Bartlett, 
Marcus  Barrett, 
Moses  Bates,  Jr., 
John  Beal, 
James  M.  Beebe, 
William  Bennett,  Jr., 
Zephaniah  Bennett, 
Jacob  Bigelow, 
Francis  W.  Bird, 
Gad  O.  Bliss, 
William  C.  Bliss, 
George  S.  Bout  well, 
Sewell  Boutwell, 
Ebenezer  Bradbury, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
Asa  Bronson, 
Artemas  Brown, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Henry  Cady, 
Timothy  W.  Carter, 
Daniel  E.  Chapin, 
Rufus  Choate, 
Salah  Clark, 
William  Cleverly, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Oliver  S.  Cressy, 
Leander  Crosby, 
Seth  Crowell,  " 
Joseph  Cummings, 
Wilber  Curtis, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Ebenezer  Davis, 
John  Davis, 
Robert  T.  Davis, 


Messrs.  Solomon  Davis, 
Henry  L.  Dawes, 
Silas  Dean, 
William  Dehon, 
John  M.  Durgin, 
Philip  Eames, 
Lilley  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
A.  G.  Farwell, 
Sullivan  Fay, 
Samuel  Fowle, 
Samuel  P.  Fowler, 
Wanton  C.  Gilbert, 
Charles  G.  Giles, 
Daniel  W.  Gooch, 
Robert  Gould, 
Dal  ton  Goulding, 
F.  R.  Gourgas, 
John  W.  Graves, 
John  C.  Gray, 
Jabez  Green, 
Samuel  P.  Hadley, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
Elnathan  P.  Hathaway, 
Isaac  Hayden, 
George  Hayward, 
Ezra  Heath,  2d, 
Samuel  Henry, 
Henry  Hersey, 
James  Hewes, 
William  H.  Hewes, 
George  S.  Hillard, 
William  Hinsdale, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
Foster  Hooper, 
Thomas  Hopkinson, 
Samuel  Houghton, 
Henry  K.  Hoyt, 
William  J.  Hubbard, 
Charles  E.  Hunt, 
William  Hunt, 
William  James, 
John  Jenkins, 
John  Johnson, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 


1853.] 


JOURNAL    OF   THE    CONVENTION. 


93 


Messrs.  Isaac  Kendall, 

Joseph  Kingman, 
Henry  W.  Kinsman, 
Joseph  Knight, 
William  H.  Knowlton, 
John  S.  Ladd, 
Luther  Lawrence, 
F.  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Li  verm  ore, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Theophilus  R.  Marvin, 
Reuben  Meader, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Jonathan  Nayson, 
Charles  Newman, 
Daniel  Noyes, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Benjamin  S.  Orne, 
James  W.  Paige, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
Thomas  A.  Parsons, 
George  Peabody, 
Nathaniel  Peabody, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
F.  O.  Prince, 
George  Putnam, 
Silas  Rawson, 
James  Read, 
David  Rice, 


Messrs.  Luther  Richards, 

Daniel  Richardson, 
Samuel  H.  Richardson, 
George  R.  Sampson, 
Amasa  Sanderson, 
John  Sargent, 
William  Schouler, 
Charles  Sherman, 
Chester  Sikes, 
John  W.  Simonds, 
John  S.  Sleeper, 
Matthew  Smith, 
John  Souther, 
Eben  H.  Stacy, 
Granville  Stevens, 
Joseph' L.  Stevens,  Jr., 
Alfred  L.  Strong, 
Alansou  Swain, 
Ralph  Taylor, 
Charles  Thompson, 
Edmund  P.  Tileston, 
Ephraim  Tower, 
William  Tyler, 
Charles  W.  TJpham, 
George  B.  Upton, 
Joel  Yiles, 
Samuel  B.  Walcott, 
Amasa  Walker, 
Samuel  Walker, 
Asa  H.  Waters, 
Cyrus  Weeks, 
Gershom  B.  Weston, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Daniel  S.  Whitney, 
Daniel  Wilbur, 
Joel  Wilder, 
Milo  Wilson, 
Jonathan  B.  Winn, 
Nathaniel  Wood, 
William  H.  Wood. 


Mr.  WALKER,  of  North  Brookfield,  moved  that  the  word  "  eight " 
be  struck  out  of  the  first  line,  and  the  word  "five"  inserted  in 
stead. 

Also,  that  the  word  "  five  "  be  struck  out  of  the  fourth  line,  and  the 
word  "  eight "  inserted  instead. 

But  the  amendment  was  rejected. 

Mr,  BARTLETT,  of  Boston,  moved  to  amend  by  striking  out  all  after 
the  word  "  people/'  in  the  second  line  of  the  first  Resolve,  and  in- 


94  JOURNAL    OF    THE    CONVENTION.  [June  4th, 

serting  instead  thereof  the  words  "  by  general  ticket;"  also,  by  in 
serting  the  word  "  annually  "  after  the  word  "  elected,"  in  the  second 
line. 

But  the  amendment  was  rejected  by  a  vote  of  ninety -five  in  the 
affirmative,  and  one  hundred  and  forty-eight  in  the  negative. 

The  Resolves  were  then  ordered  to  a  second  reading. 

On  motion  of  Mr.  WESTON,  of  Duxbury, 

Ordered,  That  debate  in  Committee  of  the  Whole  upon  the 
Resolves  on  the  subject  of  the  lieutenant-governor  shall  cease  at 
half-past  twelve  o'clock  to-day. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  Resolves  on  the  subject  of  the  lieutenant-governor; 
and  the  President  requested  Mr.  Griswold,  member  for  Erving,  to  take 
the  chair. 

Afterwards,  Mr.  GRISWOLD  reported  the  Resolves  to  the  Conven 
tion,  amended  by  the  Committee  of  the  Whole,  with  a  recommenda 
tion  that  they  ought  to  pass. 

Pending  the  question  upon  the  Resolves,  on  motion  of  Mr.  MORTON, 
of  Quincy,  they  were  laid  upon  the  table. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  sustained  by  a  vote  of  one 
hundred  and  thirty-nine  in  the  affirmative  to  twenty-eight  in  the 
negative,  the  Order  of  the  Convention  providing  for  an  adjournment 
each  day  at  one  o'clock,  was  so  far  modified  that  the  adjournment 
this  day  shall  not  take  place  until  two  o'clock. 

Mr.  WESTON,  of  Duxbury,  offered  an  Order,  providing  for  an 
adjournment  of  the  forenoon  session  each  day  at  two  o'clock,  which, 
on  motion  of  Mr.  EAMES,  of  Washington,  was 

Laid  upon  the  table. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Orders  of  the  Day  were 
taken  up,  and  the  Convention  resumed  the  consideration  of  the 
Resolves  on  the  subject  of  the  lieutenant-governor. 

On  motion  of  Mr.  KELLOGG,  of  Hadley,  sustained  by  a  vote  of  fifty- 
nine  in  the  affirmative  to  fifty-eight  in  the  negative, 

The  Resolve  was  amended  by  striking  out  article  third,  and  insert 
ing  instead  thereof  the  following  : — 

When  by  reason  of  sickness  or  temporary  absence  from  the  Com 
monwealth,  the  governor  shall  be  unable  to  perform  his  official  duties, 
the  lieutenant-governor  shall  have  the  powers,  and  perform  the  duties, 
of  the  governor  ;  and  in  case  of  the  removal  from  office,  resignation  or 


1853.]  JOURNAL    OF    THE    CONVENTION.  95 

death  of  the  governor,  the  lieutenant-governor  shall  succeed  to  the 
office,  and  be  the  governor  of  the  Commonwealth. 

The  Resolves,  as  amended,  were  then  ordered  to  a  second  reading. 

On  motion  of  Mr.  EAMES,  of  Washington,  at  half-past  one  o'clock, 

The  Convention  adjourned. 


MONDAY,  June  6,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  Saturday  was  read. 

Mr.  KEYES,  member  for  Abington,  presented  the  Petition  of  Robert 
L.  Killam,  and  forty  other  legal  voters,  and  sixteen  women  of  Hano 
ver,  that  the  word  "  male"  be  stricken  from  the  Constitution. 

Referred  to  the  Committee  on  the  Qualifications  of  Voters. 

Mr.  DUNCAN,  of  Williamstown,  offered  the  following  Resolution  : — 

Resolved,  That  it  is  expedient  to  amend  so  much  of  article  3,  chap 
ter  2,  as  relates  to  the  assorting,  counting,  and  recording  of  votes  in 
elections,  so  as  to  make  it  correspond  with  the  provision  of  section  3, 
chapter  1. 

Referred  to  the  Committee  on  Elections. 

On  motion  of  Mr.  SUMNER,  member  for  Marshfield, 

Ordered,  That  the  Committee  on  the  Judiciary  be  directed  to  con 
sider  the  expediency  of  so  amending  the  Constitution  as  to  provide 
that  the  legislature,  at  its  first  session  after  the  adoption  of  the  Con 
stitution,  shall  constitute  two  several  commissions,  whose  duties  shall 
be  respectively  as  follow  : — 

1.  To  reduce  into  a  written  and  systematic  code  the  whole  body  of 
the  law  of  this  Commonwealth,  or  so  much  and  such  parts  thereof  as 
to  the  said  commission  shall  seem  practicable  and  expedient. 

2.  To  revise,  reform,  simplify  and  abridge  the  rules,  practice,  plead 
ings  and  forms  of  the  courts  of  this  Commonwealth,  and  to  provide, 
so  far  as  practicable  and  expedient,  that  justice  shall  be  administered 
by  intelligible  and  uniform  proceedings,  without  any  distinction  be 
tween  law  and  equity. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  Convention 
proceeded  to  the  consideration  of  the  Orders  of  the  Day ;  and 
The  Resolves  on  the  subject  of  the  Council,  and 
The  Resolves  on  the  subject  of  the  lieutenant-governor,  were 


96  JOURNAL    OF    THE    CONVENTION.  [June  6th, 

Read  a  second  time,  and  then,  on  motion  of  Mr.  BOUTWELL,  were 
laid  upon  the  table. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  inexpe 
dient  to  act  upon  the  subject  of  an  Order  of  May  17th,  respecting  the 
originating  of  Bills  and  Resolves  in  the  House  of  Representatives ; 
and  the  President  requested  Mr.  Hood,  of  Lynn,  to  take  the  chair. 

Afterwards,  Mr.  HOOD  reported,  that  it  was  the  opinion  of  the  com 
mittee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolve  reported  by  the  Committee  on  the  Frame  of  Government, 
in  favor  of  the  viva  voce  mode  of  elections  in  the  legislature ;  and 
the  President  requested  Mr.  Frothingham,  of  Charlestown,  to  take 
the  chair. 

Afterwards,  Mr.  FROTHINGHAM  reported,  that  it  was  the  opinion  of 
the  committee  that  the  Resolve  ought  to  pass. 

And  it  was  accordingly  ordered  to  a  second  reading. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Report  of  the  Committee  on  the  Frame  of  Government,  inexpedient 
to  act  upon  the  subject  of  an  Order  of  May  18th,  relating  to  the 
permanent  establishment  of  the  seat  of  government  in  Boston  ;  and 
the  President  requested  Mr.  Bates,  of  Plymouth,  to  take  the  chair. 

Afterwards,  Mr.  BATES  reported,  that  it  was  the  opinion  of  the  com 
mittee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  inexpe 
dient  to  act  upon  the  subject  of  an  Order  of  May  16th,  concerning  a 
limitation  of  the  time  for  the  reception  of  petitions  by  the  legisla 
ture  ;  and  the  President  requested  Mr.  Whitney,  of  Conway,  to  take 
the  chair. 

Afterwards,  Mr.  WHITNEY  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  consideration  of  the  Re 
port  of  the  Committee  on  the  Qualifications  of  Voters ;  and  the 


1853.] 


JOURNAL    OF   THE    CONVENTION.  97 


President  requested  Mr.  Dana,  member  for  Manchester,  to  take  the 
chair. 

Afterwards,  Mr.  DANA  reported,  that  the  committee  had  made  pro 
gress  in  the  consideration  of  the  subject,  but  had  come  to  no  conclu 
sion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

Mr.  THOMPSON,  of  Charlestown,  moved  that  when  the  Convention 
adjourn,  it  adjourn  to  meet  at  ten  o'clock,  to-morrow. 

Mr.  BUTLER,  of  Lowell,  moved  an  adjournment ;  but  the  motion 
was  rejected. 

Mr.  HOOPER,  of  Fall  River,  moved  to  amend  the  motion  of  Mr. 
Thompson,  by  substituting  the  hour  of  half  past  two  this  afternoon, 

Pending  this  question,  the  hour  fixed  for  adjournment  arrived. 

And  at  one  o'clock,  the  Convention  adjourned. 

AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  STRONG,  of  Easthampton, 

Ordered,  That  the  Committee  on  the  Bill  of  Rights  be  requested 
to  take  into  consideration  the  expediency  of  so  amending  the  Consti 
tution,  that  the  poor  debtor's  oath  shall  be  administered  by  the  mag 
istrates  of  the  several  towns  where  the  debtors  reside,  and  that  no 
citizen  of  this  Commonwealth  shall  be  imprisoned  for  debt. 

On  motion  of  Mr.  HARMON,  of  New  Ashford, 

Ordered,  That  the  Committee  on  the  Judiciary  consider  the  expe 
diency  of  so  revising  the  Constitution,  as  to  give  efficacy  to  the 
eleventh  article  of  the  Declaration  of  Rights,  granting  the  subject  a 
certain  remedy  in  law,  promptly  and  without  delay. 

Oh  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  qualifications  of  voters,  and  the  Pres 
ident  requested  Mr.  Dana,  member  for  Manchester,  to  take  the  chair. 

Afterwards,  Mr.  DANA  reported,  that  the  committee  had  made  fur 
ther  progress  in  the  consideration  of  the  subject,  but  had  come  to  no 
conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  a  quarter  past  five  o'clock,  on  motion  of  Mr.  TYLER,  of  Paw- 
tucket, 

The  Convention  adjourned. 


98  JOURNAL    OF   THE    CONVENTION.  [June  7th, 


TUESDAY,  June  7,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

On  motion  of  Mr.  BUCK,  of  Lanesborough,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day. 

The  Resolve  upon  the  subject  of  viva  voce  voting,  was  read  a 
second  time,  and  finally  passed,  as  follows  : — 

Resolved,  That  it  is  expedient  to  provide  in  the  Constitution,  that 
in  all  elections  made  directly  by  the  legislature,  or  either  branch 
thereof,  the  viva  voce  mode  be  adopted. 

On  motion  of  Mr.  BROWN,  of  Douglas,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  consideration  of  the 
Resolves  on  the  subject  of  the  qualifications  of  voters,  and  the  Pres 
ident  requested  Mr.  Dana,  member  for  Manchester,  to  take  the  chair. 

At  one  o'clock,  the  Convention  adjourned. 


AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  TYLER,  of  Pawtucket, 

Ordered^  That  the  Committee  on  so  much  of  the  Constitution  as 
relates  to  county  and  town  officers,  and  the  registry  of  deeds,  be 
directed  to  inquire  into  the  expediency  of  so  amending  the  Constitu 
tion,  that  all  deeds  of  real  estate,  instead  of  being  recorded  as  now, 
in  one  or  more  towns  in  the  county  specially  designated  for  that 
purpose,  shall  be  recorded  in  the  several  towns  where  such  real  estate 
is  situated  ;  that  the  town  clerks  of  the  several  towns  shall  be  the 
registers  of  deeds,  and  that  good  and  sufficient  safes  shall  be  provided, 
at  the  expense  of  the  towns,  for  the  safe  keeping  of  the  records. 

Mr.  EARLE,  of  Worcester,  offered  a  paper,  containing  a  plan  of 
representation  in  the  House  of  Representatives. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  GREENE,  of  Brookfield,  presented  the  Petition  of  Mary  Osgood 
and  twelve  others,  women  of  Medford,  in  aid  of  the  Petition  of  Mrs. 
Abby  Alcott  and  others,  that  women  may  be  allowed  to  vote  on  the 
proposed  alterations  and  amendments  of  the  Constitution. 

Referred  to  the  Committee  on  the  Qualifications  of  Voters. 

Mr.  FAY,  of  Southborough,  from  the  Committee  on  Leave  of  Ab- 


1853.] 


JOURNAL    OF    THE    CONVENTION.  99 


sence,  submitted  a  Report,  granting  leave  of  absence  to  Mr.  Storrow, 
of  Lawrence,  for  two  weeks,  and  to  Mr.  Cushman,  of  Kingston,  for 
four  days. 

The  Report  was  considered  and  accepted. 

Mr.  DANA,  member  for  Manchester,  reported  that  the  Committee  of 
the  Whole  had  made  progress  in  the  consideration  of  the  Resolves  on 
the  subject  of  the  qualifications  of  voters,  but  had  come  to  no  con 
clusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

And  then,  on  motion  of  Mr.  HOOPER,  of  Fall  River,  the  Convention 
again  resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of 
further  considering  the  same  subject,  and  the  President  requested  Mr. 
Dana,  member  for  Manchester,  to  take  the  chair. 

Afterwards,  Mr.  DANA  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  six  o'clock,  on  motion  of  Mr.  FREEMAN,  of  Franklin, 

The  Convention  adjourned. 


WEDNESDAY,  June  8,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  BRIGGS,  of  Pittsfield,  presented  the  Petition  of  Jonathan  E. 
Field,  and  forty-seven  others,  citizens  of  Stockbridge,  suggesting  cer 
tain  amendments  of  the  Constitution  on  the  subjects  of  the  pay  of 
members  of  the  legislature,  the  plurality  rule  in  elections,  the  mode  of 
electing  senators  and  representatives,  and  the  power  of  the  legisla 
ture  to  make  permanent  loans. 

Referred  to  the  Committee  of  the  Whole,  and  to  the  several  stand 
ing  committees  having  those  subjects  in  charge. 

A  communication  was  read  from  Mr.  Taft,  of  Mendon,  asking 
leave  of  absence  on  account  of  the  death  of  a  sister ;  which  was  con 
sidered,  and  leave  of  absence  granted. 

A  communication  was  received  from  the  Secretary  of  State,  en 
closing  lists  of  the  business  corporations  authorized  since  the  adoption 
of  the  Constitution  to  the  present  time. 


100  JOURNAL    OF    THE    CONVENTION.  [June  8th, 

On  motion  of  Mr.  THOMPSON,  of  Charlestown, 

Ordered,  That  the  debate  in  Committee  of  the  Whole  on  the  sub 
ject  of  the  qualifications  of  voters,  shall  cease  at  twelve  o'clock. 

On  motion  of  Mr.  SCHOULER,  of  Boston,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  further  con 
sidering  the  Resolves  on  the  qualifications  of  voters ;  and  the  Presi 
dent  requested  Mr.  Dana,  member  for  Manchester,  to  take  the  chair. 

Afterwards,  Mr.  DANA  reported,  that  the  committee  had  considered 
the  Resolves,  and  had  instructed  him  to  report, 

That  the  first  Resolve  ought  to  pass ; 

That  the  second  Resolve  ought  not  to  pass ; 

That  the  third  Resolve  ought  to  be  amended  by  substituting  the 
word  "student"  for  the  word  "member"  in  the  fifth  line,  (of  the 
printed  copy)  ; 

And  that  the  fourth  Resolve  ought  to  pass. 

The  amendment  to  the  third  Resolve,  recommended  by  the  com 
mittee,  was  agreed  to,  and, 

Pending  the  question  on  the  adoption  of  the  Resolves, 

At  .one  o'clock,  the  Convention  adjourned, 

AFTERNOON  SESSION. 

Met  according  to  adjournment. 

The  communication  from  the  Secretary  of  State,  received  in  the 
morning,  with  the  enclosed  list  of  corporations,  was  ordered  to  be 
printed. 

Mr!  FAY,  of  South  borough,  from  the  Committee  on  Leave  of  Ab 
sence,  submitted  a  Report,  granting  leave  of  absence  to  Mr,  Knight, 
of  Peru,  for  five  days. 

The  Report  was  considered,  and  leave  of  absence  granted. 

On  motion  of  Mr.  LORD,  of  Salem,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day ;  the  first  subject  being 
the  Resolves  on  the  qualifications  of  voters. 

Mr.  SCHOULER,  of  Boston,  moved  that  the  fourth  Resolve  be 
amended  by  striking  out  all  after  the  words  "  shall  be,"  at  the  close 
of  the  second  line,  (printed  copy,)  and  inserting  instead  thereof  the 
words,  "  by  secret  ballot ;"  but  the  amendment  was  rejected. 

Mr.  BRIGGS,  of  Pittsfield,  moved  that  the  first  Resolve  be  amended  by 
striking  out  all  after  the  word  "  vote  "  in  the  second  line,  (printed  copy) ; 

And  further  moved  that  when  the  question  is  taken  on  the  amend 
ment,  it  be  taken  by  yeas  and  nays. 


1853.]  JOURNAL   OF    THE    CONVENTION.  101 

Pending  this  question, 

At  twenty  minutes  past  six  o'clock,  on  motion  of  Mr.  BRADFORD,  of 
Essex, 

The  Convention  adjourned. 


THURSDAY,  June  9,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

On  motion  of  Mr.  KINGMAN,  of  West  Bridgewater, 

Ordered,  That  the  Committee  on  the  Frame  of  Government  be 
instructed  to  inquire  into  the  expediency  of  incorporating  into  the 
Constitution  the  principle,  that  when  any  person  shall  be  arrested  in 
behalf  of  the  Commonwealth,  on  suspicion  of  crime,  and  tried  and 
not  found  guilty,  such  person  shall  be  remunerated  for  loss  of  time 
and  the  cost  he  is  thus  subjected  to. 

Mr.  ALLEN,  of  Worcester,  from  the  Committee  on  the  Frame  of 
Government,  submitted  Reports  as  follow : — 

Inexpedient  to  act  on  the  subject  of  an  Order  of  May  31st,  con 
cerning  the  election  of  senators  in  the  congress  of  the  United  States 
by  joint  ballot  of  the  two  Houses  of  the  legislature. 

Also,  inexpedient  to  act  upon  the  subject  of  an  Order  of  June  3d, 
concerning  extra  payment  to  commissioners. 

Also,  a  Resolve  on  the  subject  of  the  legislative  department  of  the 
government. 

Severally  referred  to  the  Committee  of  the  Whole  and  ordered  to 
be  printed. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  inex 
pedient  to  act  on  the  subject  of  an  Order  of  May  20th,  concerning 
special  privileges  and  immunities ;  and  the  President  requested  Mr. 
Thompson,  of  Charlestown,  to  take  the  chair. 

Afterwards,  Mr.  THOMPSON  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  inex- 


102  JOURNAL   OF   THE    CONVENTION.  [June  9th, 

pedient  to  act  on  the  subject  of  an  Order  of  May  24th,  concerning 
the  purchase  of  books  by  the  legislature,  and  the  President  requested 
Mr.  Morton,  of  Fairhaven,  to  take  the  chair. 

Afterwards,  Mr.  MORTON  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  inex 
pedient  to  act  on  the  subject  of  an  Order  of  May  18th,  concerning 
biennial  elections  and  biennial  sessions  of  the  legislature ;  and  the 
President  requested  Mr.  Hall,  of  Haverhill,  to  take  the  chair. 

Afterwards,  Mr.  HALL  reported  that  it  was  the  opinion  of  the  com 
mittee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  inex 
pedient  to  act  on  the  subject  of  an  Order  of  May  13th,  concerning  the 
expediency  of  requiring  the  votes  of  a  majority  of  all  the  members 
elected  to  the  legislature,  to  the  enactment  of  a  law  or  passage  of 
a  resolve;  and  the  President  requested  Mr.  Alvord,  member  for  Mon 
tague,  to  take  the  chair. 

Afterwards,  Mr.  ALVORD  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  THOMPSON,  of  Charlestown,  the  Convention 
proceeded  to  the  consideration  of  the  Orders  of  the  Day  ;  the  first 
subject  being  the  Resolves  on  the  qualifications  of  voters. 

Mr.  BRIGGS,  of  Pittsfield,  modified  his  amendment  offered  yester 
day,  so  as  to  insert,  in  place  of  the  words  proposed  to  be  struck  out, 
the  words  following,  viz. : — 

"For  any  national,  state,  county,  district,  city,  or  town  officers,  or 
in  town  affairs." 

The  yeas  and  nays  were  ordered  upon  the  question  of  adopting  the 
amendment. 

Mr.  WESTON,  of  Dux  bury,  moved  to  amend  the  amendment  so  as  to 
insert  parish  officers  and  parish  affairs  after  the  word  "  town"  in  both 
cases. 

Without  taking  the  question, 

At  one  o'clock,  the  Convention  adjourned. 


1853.]  JOURNAL    OF    THE    CONVENTION.  103 


AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  BUCK,  of  Lanesborough,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day. 

Mr.  WESTON.  of  Duxbury,  withdrew  his  proposed  amendment  to 
the  amendment  of  Mr.  Briggs. 

Mr.  BOUTWELL,  member  for  Berlin,  then  moved  to  amend  the  amend 
ment  of  Mr.  Briggs  by  striking  out  all  after  the  word  "  national,"  and 
inserting  instead  thereof  the  words,  "or  state  officers  whose  election 
by  the  people  is  provided  for  in  this  Constitution." 

Mr.  CHAPIN,  of  Worcester,  moved  the  Previous  Question ;  which 
was  ordered  by  the  Convention. 

On  motion  of  Mr.  DAWES,  of  Adams, 

Ordered,  That  when  the  question  is  taken  upon  the  amendment  of 
Mr.  Boutwell,  it  be  taken  by  yeas  and  nays. 

And  the  roll  being  called,  two  hundred  and  ten  members  voted  for 
the  amendment,  and  one  hundred  and  twenty-seven  against  it. 
So  the  amendment  was  adopted. 
Those  who  voted  in  the  affirmative  are : — 

Messrs.  Shubael  P.  Adams,  Messrs.  Asa  Bronson, 

Charles  Allen,  Adolphus  F.  Brown, 

James  B.  Allen,  Alpheus  R.  Brown, 

Joel  C.  Allen,  Hammond  Brown, 

Parsons  Allen,  Hiram  C.  Brown, 

John  B.  Alley,  Frederick  Brownell, 

Josiah  Allis,  Joseph  Brownell, 

D.  W.  Alvord,  Patrick  Bryant, 

Hillel  Baker,  Anson  Burlingame, 

Alvah  Ballard,  Henry  Cady, 

George  S.  Ball,  William  Carruthers, 

Alpheus  Bancroft,  Isaac  Case, 

Marcus  Barrett,  Amariah  Chandler, 

Moses  Bates,  Jr.,  Chester  W.  Chapin, 

Erasmus  D.  Beach,  Daniel  E.  Chapin, 

John  Beal,  Henry  Chapin, 

William  Bennett,  Jr.,  Josiah  Childs, 

Zephaniah  Bennett,  J.  McKean  Churchill, 

Francis  W.  Bird,  Henry  Clark, 

Henry  W.  Bishop,  Ransom  Clark, 

William  S.  Booth,  Alpheus  B.  Clarke, 

George  S.  Boutwell,  William  Cleverly, 

Sewell  Boutwell,  Lansing  J.  Cole, 

William  J.  A.  Bradford,  Sumner  Cole, 

Hiram  N.  Breed,  George  B.  Crane, 


104 


JOURNAL   OF   THE    CONVENTION. 


[June  9th, 


Messrs.  Simeon  Crittenden, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr., 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Robert  T.  Davis, 
Oilman  Day, 
Silas  Dean, 
Elijah  S.  Deming, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
John  M.  Earle, 
James  Easton,  2d, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Luther  Gale, 
Elbridge  Gates, 
Washington  Gilbert, 
Daniel  W.  Gooch, 
Dalton  Goulding, 
F.  R.  Gourgas, 
John  W.  Graves, 
Jabex  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Charles  B.  Hall, 
B.  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Stephen  E.  Hawkes, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Henry  Hobart, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 


.  Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
George  E.  Huntington, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Isaac  Kendall, 
Joseph  Kimball, 
Joseph  Kingman, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Alden  Leland, 
Abishai  Lincoln, 
Otis  Little, 
Tristram  Littlefield, 
Justin  E.  Loomis, 
William  P.  Marble, 
Laban  Marcy, 
Charles  Mason, 
Reuben  Meader, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
Charles  Newman, 
Alfred  Norton, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 


1853.] 


JOURNAL   OF    THE    CONVENTION. 


105 


Messrs.  Peter  Powers, 

Robert  Rantoul, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Joseph  M.  Rockwood, 
John  Rogers, 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
Luther  Sheldon, 
Perez  Simmons, 
John  W.  Simonds, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Charles  Suraner, 
Alanson  Swain, 
Willard  Thayer,  2d, 
John  W.  Thomas, 


Messrs.  Abraham  Tilton, 

Horatio  W.  Tilton, 
David  P.  Turner, 
Orison  Underwood, 
Joel  Viles, 
George  A.  Vinton, 
Bradford  L.  Wales, 
Frederick  T.  Wallace, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Daniel  Wilbur, 
J.  B.  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are: — 


Messrs.  P.  Emory  Aldrich, 
Robert  Andrews, 
William  Appleton, 
William  Aspinwall, 
David  C.  Atwood, 
George  Austin, 
Samuel  Ayres, 
Joseph  Barrows, 
Russel  Bartlett, 
Sidney  Bartlett, 
Jacob  Bigelow, 
George  W.  Blagden, 
Gad  O.  Bliss, 
William  C.  Bliss, 
Ebenezer  Bradbury, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Asahel  Buck, 
Rufus  Bullock, 
Timothy  W.  Carter, 
Rufus  Choate, 
Nathaniel  Cogswell, 


Messrs.  Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Joseph  Cummings, 
Wilber  Curtis, 
John  Davis, 
Solomon  Davis, 
Henry  L.  Dawes, 
William  Dehon, 
Hiram  S.  Denison, 
Moses  Dorman, 
Philip  Eames, 
Lilley  Eaton, 
Samuel  Edwards, 
Homer  Ely, 
A.  G.  Farwell, 
Samuel  P.  Fowler, 
Samuel  French, 
Henry  J.  Gardner, 
Wanton  C.  Gilbert, 


106 


JOURNAL    OF    THE    CONVENTION. 


[June  9th, 


Messrs.  Jason  Goulding, 
John  C.  Gray, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
George  Hayward, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
George  S.  Hillard, 
William  Hinsdale, 
Thomas  Hopkinson, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
John  Johnson, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
Henry  W.  Kinsman, 
Hiram  Knight, 
George  H.  Kuhn, 
John  S.  Ladd, 
Job  G.  Lawton,  Jr., 
Isaac  Livermore, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Abijah  P.  Marvin, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Joseph  B.  Morss, 
Marcus  Morton, 
William  Nichols, 
Daniel  j^oyes, 


Messrs.  Henry  K.  Oliver, 
Nathan  Orcutt, 
James  W.  Paige, 
Adolphus  G.  Parker, 
Joel  Parker, 
Samuel  D.  Parker, 
Thomas  A.  Parsons, 
George  Peabody, 
Jonathan  Preston, 
George  Putnam, 
John  A.  Putnam, 
James  Read, 
John  Sargent, 
William  Schouler, 
Charles  Sherman, 
John  Sherril, 
Chester  Sikes, 
John  S.  Sleeper, 
Matthew  Smith, 
John  Souther, 
J.  Thomas  Stevenson, 
Thomas  Talbot, 
Ralph  Taylor, 
Edmund  P.  Tileston, 
Ephraim  Tower, 
David  Turner, 
John  S.  Tyler, 
William  Tyler, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Samuel  Walker, 
Cyrus  Weeks, 
Thomas  Wetmore, 
Benjamin  White, 
Joel  Wilder, 
John  H.  Wilkins, 
Milo  Wilson, 
Jonathan  B.  Winn. 


The  amendment  of  Mr.  Briggs,  as  amended,  was  then  agreed  to, 
and  the  Resolve,  as  amended,  was  adopted. 

The  second  Resolve  was  rejected 

On  motion  of  Mr.  DAVIS,  of  Plymouth,  sustained  by  a  vote  of  one 
hundred  and  thirty-eight  in  the  affirmative  to  fifty-three  in  the  negative. 

The  third  Resolve  was  amended  by  the  addition  of  the  following : 
"  And  no  person  removing  his  domicile  from  one  town  or  city  to 
another  within  this  Commonwealth  shall,  by  reason  of  such  removal, 
be  deemed  to  have  lost  his  residence  in  the  former  for  the  purpose 
aforesaid,  until  six  months  after  his  removal." 


I 

1853.]  JOURNAL    OF    THE    CONVENTION.  107 

On  motion  of  Mr.  GUIS  WOLD,  member  for  Erving,  the  Resolve  was 
then  recommitted  to  the  committee. 

The  question  being  upon  the  adoption  of  the  fourth  Resolve, 

Mr.  BATES,  of  Plymouth,  moved  to  amend  it  by  striking  out  the 
words  "  or  municipal,"  in  the  second  line,  (printed  copy,)  and  inserting 
the  word  "  or"  before  the  word  "county"  in  the  same  line. 

Mr.  WALKER,  of  North  Brookfield,  moved  to  amend  the  amendment 
by  substituting  the  word  "  city"  for  the  word  "  municipal." 

Pending  this  question, 

At  half  past  six  o'clock,  on  motion  of  Mr.  DUNCAN,  of  Williams- 
town, 

The  Convention  adjourned. 


FRIDAY,  June  10,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  STETSON,  of  Braintree, 

Ordered,  That  the  Committee  to  whom  was  referred  that  part  of 
the  Constitution  included  in  the  first  eight  articles  in  chapter  6,  con 
sider  the  expediency  of  providing  in  the  Constitution,  that  no  presi 
dent,  director,  cashier,  or  other  officer  of  any  banking  institution  of 
this  State  shall  be  eligible  to  the  office  of  governor,  lieutenant-gover 
nor,  senator,  or  representative  to  the  general  court,  so  long  as  he  shall 
be  such  president,  director,  cashier,  or  other  officer. 

On  motion  of  Mr.  PHINNEY,  member  for  Chatham,  the  Convention 
proceeded  to  the  consideration  of  the  Orders  of  the  Day;  the  first 
subject  being  the  Resolves  on  the  qualifications  of  voters. 

After  debate,  Mr.  BIRD,  of  Walpole,  moved  the  Previous  Question ; 
which  was  ordered  by  a  vote  of  two  hundred  in  the  affirmative,  and 
nineteen  in  the  negative. 

The  first  question  being  upon  Mr.  Walker's  proposition,  substituting 
the  word  "  city"  for  the  word  "  municipal "  in  the  second  line  of  the 
fourth  Resolve,  it  was  agreed  to  by  a  vote  of  one  hundred  and  eighty- 
three  in  the  affirmative,  and  eighty-two  in  the  negative. 

The  amendment  as  amended  was  then  agreed  to,  and  the  Resolve 
was  thus  amended  so  as  to  apply  to  all  ballots  required  by  law  to  be 
given,  "  at  any  national,  state,  county,  or  city  election." 


108 


JOURNAL    OF   THE    CONVENTION. 


[June  10th, 


On  motion  of  Mr.  THOMPSON,  of  Charlestown, 

Ordered^  That  when  the  question  is  taken  upon  the  adoption  of 
the  Resolve,  it  be  taken  by  yeas  and  nays. 

And  the  roll  being  called,  two  hundred  and  thirty-three  members 
voted  for  fhe  Resolve,  and  ninety-four  against  it. 
Those  who  voted  in  the  affirmative  are  : — 


Messrs.  Josiah  G.  Abbott, 
Shubael  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
John  B.  Alley, 
Josiah  Allis, 
D.  W.  Alvord, 
George  Austin, 
Hillel  Baker, 
Alvah  Ballard, 
George  S.  Ball, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Moses  Bates,  Jr., 
Erasmus  D.  Beach, 
John  Beal, 

"William  Bennett/ Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
Gad  O.  Bliss, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
William  J.  A.  Bradford, 
Hiram  N.  Breed, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Amos  H.  Bullen, 
Anson  Burlingame, 
Henry  Cady, 
Timothy  W.  Carter, 


Messrs.  William  Carruthers, 
Isaac  Case, 
Daniel  E.  Chapin, 
Josiah  Childs, 
J.  McKean  Churchill, 
Henry  Clark, 
Ransom  Clark, 
Stillman  Clarke, 
William  Cleverly, 
Lansing  J.  Cole, 
Sumner  Cole, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Simeon  N.  Cutler, 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Robert  T.  Davis, 
Gilman  Day, 
Silas  Dean, 
Elijah  S.  Deming, 
Augustus  Denton, 
Alexander  De  Witt, 
Samuel  Duncan, 
B  radish  Dunham, 
John  M.  Durgin, 
John  M.  Earle, 
James  Easton,  2d, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Joseph  M.  Ely, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Samuel  French, 
Luther  Gale, 


1853.] 


JOURNAL-  OF    THE    CONTENTION. 


109 


Messrs.  Johnson  Gardner, 
Elbridge  Gates, 
"Washington  Gilbert, 
Charles  G.  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
F.  R.  Gourgas, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
George  Haskell, 
William  Haskins, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Levi  Heywood, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Charles  P.  Huntington, 
George  H.  Huntington, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
John  Johnson, 
Isaac  Kendall, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
George  H.  Kuhn, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 


Messrs.  Abishai  Lincoln, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
Abijah  P.  Marvin, 
Charles  Mason, 
Reuben  Header, 
Simeon  Merritt, 
James  L.  Monroe, 
*    James  M.  Moore, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
Charles  Newman, 
William  Nichols, 
Alfred  Norton, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Samuel  C.  Parsons, 
John  Partridge, 
Jeremiah  Pease,  Jr., 
John  Peimiman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam, 
Robert  Rantoul, 
Silas  Rawson, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Joseph  M.  Rock  wood, 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Chester  Sanderson, 
Luther  Sheldon, 
John  Sherril, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 


110 


JOURNAL    OF    THE    CONVENTION. 


[June  10th, 


Messrs.  Melzar  Sprague, 

Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Caleb  Stetson, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Charles  Sumner, 
Alanson  Swain, 
Willard  Thayer,  2d, 
Charles  Thompson, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
David  P.  Turner, 
William  Tyler, 
Orison  Underwood, 
Joel  Viles, 
George  A.  Vinton, 
Freeland  Wallis, 


Messrs.  Amasa  Walker, 

Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Gershom  B.  Weston, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Daniel  Wilbur, 
John  H.  Wilkins, 
Henry  Williams, 
J.  B.  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are : — 

Messrs.  Solomon  Davis, 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Robert  Andrews, 
William  Appleton, 
William  Aspinwall, 
David  C.  Atwood, 
Samuel  Ayres, 
Joseph  Barrows, 
Russel  Bartlett, 
Luther  V.  Bell, 
George  W.  Blagden, 
William  C.  Bliss, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Rufus  Bullock, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
Simeon  Crittenden, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Joseph  Cummings, 
Wilber  Curtis, 
John  Davis, 


Henry  L.  Dawes, 
Hiram  S.  Denison, 
Moses  Dorman, 
Philip  Eames, 
Lilley  Eaton, 
Samuel  Edwards, 
Homer  Ely, 
A.  G.  Farwell, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Wanton  C.  Gilbert, 
Robert  Gould, 
Jason  Goulding, 
John  C.  Gray, 
Artemas  Hale, 
A.  B.  Hammond, 
Phineas  Harmon, 
George  Hay  ward, 
Samuel  Henry, 
Henry  Hersey, 
William  Hinsdale, 
Aaron  Hobart, 
Samuel  Houghton, 
William  Hunt, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Giles  C.  Kellogg, 


1853.]  JOURNAL   OF    THE    CONVENTION.  Ill 

Messrs.  Henry  W.  Kinsman,  Messrs.  William  Schouler, 

Frederic  W.  Lincoln,  Jr.,  John  S.  Sleeper, 

Tristram  Littlefield,  Charles  G.  Stevens, 

Isaac  Livermore,  Thomas  Talbot, 

Samuel  K.  Lothrop,  Ralph  Taylor, 

Samuel  P.  Loud,  Edmund  P.  Tileston, 

John  A.  Lowell,  David  Turner, 

Seth  Miller,  Jr.,  Charles  TV.  Upham, 

George  Morey,  George  B.  Upton, 

Daniel  Noyes,  Samuel  B.  Walcott, 

Henry  K.  Oliver,  Samuel  Walker, 

Nathan  Orcutt,  Cyrus  Weeks, 

John  G.  Park,  Thomas  Wetmore, 

Adolphus  G.  Parker,  William  F.  Wheeler, 

Thomas  A.  Parsons,  Benjamin  White, 

George  Peabody,  Joel  Wilder, 

John  Sargent,  Milo  Wilson. 

The  Resolve  was  ordered  to  a  second  reading,  and  placed  in  the 
Orders  of  the  Day  for  to-morrow. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  reported  by  the  Committee  on  the  subject  of  the  Secre 
tary,  Treasurer,  &c. ;  and  the  President  requested  Mr.  Griswold,  mem 
ber  for  Erving,  to  take  the  chair. 

Afterwards,  Mr.  GRISWOLD  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no  con 
clusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  one  o'clock  the  Convention  adjourned. 

AFTERNOON    SESSION. 

Met  according  to  adjournment. 

Mr.  GRISWOLD,  member  for  Erving,  offered  the  following  Order: — 

Ordered,  That  on  and  after  Tuesday  next,  the  Convention  meet  at 
nine  o'clock  in  the  forenoon. 

Laid  over,  under  the  rule. 

Mr.  DANA,  member  for  Manchester,  offered  the  following  Resolu 
tion  : — 

Resolved,  That  the  Constitution  be  so  amended,  as  to  require  a  vot 
ing  list  or  registry,  and  to  protect  presiding  officers  in  adhering  thereto. 

Referred  to  the  Committee  on  the  Qualifications  of  Voters. 
On  motion  of  Mr.  PHINNEY,  member  for  Chatham,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  fur- 


112  JOURNAL   OF    THE    CONVENTION.  [June  llth, 

ther  considering  the  Resolves  on  the  subject  of  the  secretary,  treas 
urer,  &c.,  and  the  President  requested  Mr.  Griswold,  member  for 
ke  the  chair. 

Afterwards,  Mr.  GRISWOLD  reported  the  Resolves  to  the  Conven 
tion,  with  amendments,  as  follow: — 

In  the  first  line  of  the  third  Resolve,  after  the  words  "judges  of 
probate,"  insert  the  words,  "  shall  be  elected  once  in  six  years,  and." 

In  the  third  line  of  the  same  Resolve,  strike  out  the  words  "county 
treasurers,"  and  in  the  fourth  line,  after  the  word  u  triennially,"  insert 
the  words,  "  and  county  treasurers  annually." 

The  first  amendment  was  agreed  to. 

The  second  amendment  was  rejected,  by  a  vote  of  fifty-eight  in  the 
affirmative  and  one  hundred  and  five  in  the  negative. 

Mr.  WILKINS,  of  Boston,  moved  further  to  amend  the  third  Resolve, 
by  adding,  after  the  words  "  county  treasurers  "  in  the  third  line,  the 
words,  "except  the  treasurers  of  the  counties  of  Suffolk  and  Nan- 
tucket." 

The  amendment  was  agreed  to,  by  a  vote  of  sixty-six  in  the  affir 
mative  and  fifty-nine  in  the  negative. 

The  Resolves  were  then  ordered  to  a  second  reading. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving, 

Ordered,  That  Tuesday  next,  at  ten  o'clock  in  the  forenoon,  be 
assigned  for  the  consideration  of  the  Majority  and  Minority  Reports 
on  the  subject  of  the  House  of  Representatives. 

Mr.  FAY,  of  Southborough,  from  the  Committee  on  Leave  of 
Absence,  submitted  a  Report,  granting  leave  of  absence  to  Mr.  Cum- 
mings,  of  Ware,  for  ten  days. 

The  Report  was  accepted,  and  leave  of  absence  granted. 

At  twenty  minutes  past  six  o'clock,  on  motion  of  Mr.  OLIVER,  of 
Lawrence, 

The  Convention  adjourned. 


SATURDAY,  June  11,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  WHITNEY,  of  Boylston, 

Ordered,  That  the   Committee  on   Oaths  and   Subscriptions,  &c., 
consider  the  propriety  of  permitting  persons  who  have  conscientious 


1853.]  JOURNAL    OF    THE    CONTENTION.  113 

scruples  against  the  taking  of  human  life,  either  as  punishment  for 
crime,  in  war,  or  self-defence,  to  act  under  the  Constitution  without 
taking  the  oath  or  affirmation  ordinarily  required. 

On  motion  of  Mr.  BRADFORD,  of  Essex, 

Ordered,  That  the  Committee  on  the  subject  of  the  Secretary, 
Treasurer,  &c.,  inquire  into  the  expediency  of  incorporating  into  the 
Constitution  a  provision  that  every  person  holding  office  in  or  under 
the  State  government,  shall  retire  therefrom  at  the  expiration  of  six 
years  of  service,  and  shall  be  ineligible  thereto  for  a  like  period  of  six 
years. 

Mr.  WILSON,  of  Natick,  offered  the  following  Order : 

Ordered,  That  the  several  committees  be  instructed  to  make  their 
final  reports  on  or  before  Wednesday,  the  twenty-second  instant. 

Laid  over,  under  the  rule. 

On  motion  of  Mr.  JAMES,  of  South  Scituate,  the  Special  Commit 
tee  on  the  subject  of  Elections  by  Plurality,  were  directed  to  report 
on  or  before  Wednesday  next. 

The  Order  offered  yesterday,  by  Mr.  Griswold,  concerning  the  time 
of  meeting  in  the  morning,  was  taken  up. 

Mr.  BLISS,  of  Hatfield,  demanded  the  yeas  and  nays  on  the  ques 
tion  of  adopting  the  Order,  but  the  demand  was  not  sustained  by  one- 
fifth  of  the  members. 

Mr.  HOOPER,  of  Fall  River,  moved  to  amend  the  Order  by  substi 
tuting  the  hour  of  half  past  nine  for  the  hour  of  nine. 

A  motion  to  lay  the  Order  on  the  table,  was  rejected. 

Mr.  SCHOULER,  of  Boston,  moved  the  Previous  Question,  which  was 
ordered. 

The  amendment  of  Mr.  Hooper  was  then  rejected,  and 

The  Order  was  adopted. 

On  motion  of  Mr.  HALE,  of  Bridgewater, 

Ordered,  That  when  the  Convention  adjourns  this  forenoon,  it 
adjourn  to  meet  again  on  Monday,  at  ten  o'clock  in  the  forenoon. 

Mr.  OLIVER,  of  Lawrence,  moved  that  the  Standing  Order  of  the 
Convention,  providing  for  an  adjournment  of  the  forenoon  session  at 
one  o'clock,  be  modified  by  substituting  half  past  one  o'clock. 

On  motion  of  Mr.  STETSON,  of  Braintree,  the  motion  was  laid  on 
the  table. 

On  motion  of  Mr.  PHINNEY,  member  for  Chatham,  the  Convention 
proceeded  to  the  consideration  of  the  Orders  of  the  Day,  and 


114 


JOURNAL    OF    THE    CONVENTION. 


[June  llth, 


The  Resolves  on  the  subject  of  the  qualifications  of  voters,  were 
read  a  second  time. 

The  question  being  upon  their  final  passage, 

Mr.  ALDRICH,  of  Barre,  moved  that  the  first  Resolve  be  amended, 
by  striking  out  the  words,  "  the  payment  of  a  tax  shall  not  be  required 
as  a  qualification,"  and  inserting  instead  thereof,  the  words,  "  all  per 
sons  exempted  by  law,  or  under  any  provisions  of  law,  from  taxation, 
and  who  are,  in  all  other  respects,  qualified  as  the  Constitution 
requires,  shall  be  entitled." 

After  debate,  the  Previous  Question  was  moved  by  Mr.  HOOD,  of 
Lynn,  and  ordered  by  the  Convention. 

The  amendment  was  rejected. 

The  question  being  upon  the  final  passage  of  the  first  Resolve, 

On  motion  of  Mr.  BIRD,  of  Walpole, 

Ordered,  That  when  the  question  is  taken,  it  be  taken  by  yeas  and 
nays. 

And  the  roll  being  called, 

Two  hundred  and  six  members  voted  for  the  Resolve,  and  sixty-five 
against  it. 

Those  who  voted  in  the  affirmative  are  : — 


Messrs.  Shubael  P.  Adams, 
James  B.  Allen, 
Parsons  Allen, 
John  B.  Alley, 
D.  W.  Alvord, 
Robert  Andrews, 
"William  Aspinwall, 
George  Austin, 
Hillel  Baker, 
Alvah  Ballard, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
Erasmus  D.  Beach, 
John  Beal, 

William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
Gad  O.  Bliss, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
William  J.  A.  Bradford, 


Messrs.  Hiram  N.  Breed, 
George  N.  Briggs, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Artemas  Brown, 
Hiram  C.  Brown, 
Joseph  Brownell, 
Asahel  Buck, 
Amos  H.  Bullen, 
Anson  Burlingame, 
Timothy  W.  Carter, 
Isaac  Case, 
J.  McKean  Churchill, 
Henry  Clark, 
Ransom  Clark, 
Stillman  Clarke, 
William  Cleverly, 
Lansing  J.  Cole, 
Sumner  Cole, 
Henry  F.  Cooledge, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Joseph  W.  Cross, 
Joseph  Cummings, 
Simeon  N.  Cutler, 
Ebenezer  Davis, 


1853.] 


115 


Messrs.  Silas  Dean, 

Aiigustus  Denton, 
Alexander  De  Witt, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
James  Easton,  2d, 
Calvin  D.  Eaton, 
Lilley  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Richard  Frothingham,  Jr., 
Luther  Gale, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Charles  G.  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
F.  R.  Gourgas, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Charles  B.  Hall, 
Lyman  W.  Hapgood, 
Phineas  Harmon, 
George  Hasfcell, 
William  Haskins, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Abraham  H.  Rowland, 
Charles  E.  Hunt, 
Charles  P.  Huntington, 
George  H.  Huntington, 
Moses  C,  Hurlbut, 


Messrs.  John  Jacobs, 

Giles  C.  Kellogg, 
Isaac  Kendall, 
Joseph  Kingman, 
Jefferson  Knight, 
William  H.  Knowlton, 
George  H.  Kuhn, 
John  S.  Ladd, 
Wilber  C.  Langdon, 
Alden  Leland, 
Abishai  Lincoln, 
Frederic  W.  Lincoln,  Jr., 
Otis  Little, 
Tristram  Littlefield, 
William  P.  Marble, 
Laban  Marcy, 
Reuben  Header, 
Simeon  Merritt, 
-fames  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr.t 
William  S.  Morton, 
Jonathan  Nayson, 
Charles  Newman, 
Joseph  E.  Ober, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Benjamin  S.  Orne, 
E.  Wing  Packer, 
tBenjamin  Paines 
Henry  Paine, 
Adolphus  G.  Parkerv 
Joel  Parker, 
Jonathan  P arris, 
Samuel  C.  Parsons, 
John  Partridge, 
Nathaniel  Peabodyt 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvamis  B.  Phinneyy 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam* 
Robert  Rantoul, 
Silas  Rawson, 
Luther  Richards, 

Richardson, 


116  JOURNAL    OF    THE    CONVENTION.  [June  llth, 

Messrs.  Samuel  H.  Richardson,  Messrs.  David  P.  Turner, 

Joseph  M.  Rockwood,  Orison  Underwood, 

John  Rogers,  Charles  W.  Upham, 

David  S.  Ross,  Joel  Viles, 

Amasa  Sanderson,  Bradford  L.  Wales, 

Chester  Sanderson,  Freeland  Wallis, 

William  Schouler,  Andrew  H.  Ward, 

Luther  Sheldon,  Samuel  Warner,  Jr., 

Charles  Sherman,  Asa  H.  Waters, 

John  Sherril,  Gershom  B.  Weston, 

John  W.  Simonds.  Benjamin  White, 

Samuel  W.  Spooner,  George  White, 

Eben  H.  Stacy,  Daniel  S.  Whitney, 

Caleb  Stetson,  James  S.  Whitney, 

Granville  Stevens,  Daniel  Wilbur, 

Joseph  L.  Stevens,  Jr.,  Joseph  Wilbur, 

William  Stevens,  Henry  Williams, 

Gideon  Stiles,  J.  B.  Williams, 

Charles  Sumner,  Henry  Wilson, 

Joseph  Thayer,  Levi  M.  Winslow, 

Willard  Thayer,  2d,  Charles  C.  Wood, 

John  W.  Thomas,  Otis  Wood, 

Horatio  W.  Tilton,  William  H.  Wood, 

David  Turner,  Ezekiel  Wright. 

Those  who  voted  in  the  negative  are  : — 

Messrs.  Alfred  A.  Abbott,  Messrs.  Robert  Gould, 

Benjamin  P.  Adams,  Dalton  Goulding, 

P.  Emory  Aldrich,  Jason  Goulding, 

William  Appleton,  John  C.  Gray, 

David  C.  Atwood,  Artemas  Hale, 

Samuel  Ayres,  George  Hayward, 

Joseph  Barrows,  Charles  Heard, 

Sidney  Bartlett,  William  Hinsdale, 

Milton  P.  Braman,  Samuel  Houghton, 

Osmyn  Brewster,  William  J.  Hubbard, 

Francis  Brinley,  William  Hunt, 

Rufus  Bullock,  Samuel  Jackson, 

Daniel  E.  Chapin,  John  Johnson, 

Josiah  Childs,  Isaac  Livermore, 

Rufus  Choate,  Samuel  K.  Lothrop, 

Ithamar  Conkey,  Samuel  P.  Loud, 

Charles  E.  Cook,  John  A.  Lowell, 

Simeon  Crittenden,  Theophilus  R.  Marvin, 

Leander  Crosby,  Seth  Miller,  Jr., 

Seth  Crowell,  George  Morey, 

F.  B.  Crowninshield,  William  Nichols, 

Solomon  Davis,  Daniel  Noyes, 

William  Dehon,  George  Peabody, 

Hiram  S.  Denison,  George  R.  Sampson, 

Philip  Eames,  John  Sargent, 

Homer  Ely,  John  S.  Sleeper, 


1853.]  JOURNAL    OF    THE    CONVENTION.  117 

Messrs.  Matthew  Smith,  Messrs.  Thomas  Wetmore, 

John  Souther,  William  F.  Wheeler, 

Charles  G.  Stevens,  Joel  Wilder, 

Edmund  P.  Tileston,  Willard  Wilson, 

Samuel  B.  Walcott,  Jonathan  B.  Winn, 

Samuel  Walker,  Josiah  B.  Woods. 
Cyrus  Weeks, 

Mr.  FOSTER,  of  Charlemont,  at  his  own  request,  was  excused  from 
voting  on  the  Resolve. 

The  question  then  being  upon  the  passage  of  the  second  Resolve, 

Mr.  OLIVER,  of  Lawrence,  moved  that  it  be  amended  by  adding 
after  the  woids,  "city  election,"  the  words  "  or  for  town  clerk,  or  select 
men." 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Orders  of  the  Day  being 
laid  upon  the  table, 

The  Standing  Order  providing  for  adjournment  at  one  o'clock,  was 
modified  so  as  to  extend  the  time,  for  this  day,  until  two  o'clock. 

Afterwards,  on  motion  of  Mr.  GREENE,  of  Brook  field,  the  Orders  of 
the  Day  were  again  laid  upon  the  table,  and  the  time  extended  until 
quarter  past  two. 

The  Orders  of  the  Day  were  again  taken  up. 

Mr.  CRANE,  of  Norton,  moved  the  Previous  Question,  but  the  motion 
was  not  sustained ;  sixty-six  members  voting  for  it,  and  seventy-six 
against  it. 

Mr.  ASPINWALL,  of  Brookline,  moved  that  the  question  on  Mr. 
Oliver's  amendment  be  taken  by  yeas  and  nays;  but  the  motion  was 
rejected,  one-fifth  of  the  members  not  voting  in  its  favor. 

Mr.  Oliver's  amendment  was  then  rejected  by  a  vote  of  thirty -five 
in  the  affirmative,  to  one  hundred  and  nine  in  the  negative. 

The  Resolve  was  then  finally  passed,  and  at  quarter  past  two  o'clock, 

On  motion  of  Mr.  WILSON,  of  Natick, 

The  Convention  adjourned. 


MONDAY,  June  13,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  Saturday  was  read. 

Mr.  FROTHINGHAM,  of  Charlestown,  presented  the  Petition  of  Tim 
othy  Fletcher  and  ninety-four  others,  citizens  of  Charlestown,  in  aid 
of  the  Petition  of  John  W.  Le  Barnes  and  others. 

Referred  to  the  committee  having  that  subject  in  charge. 


118  JOURNAL    OF    THE    CONTENTION.  [June  13th, 

The  Order  offered  by  Mr.  WILSON,  of  Natick,  on  Saturday,  direct 
ing  the  committees  to  make  their  final  Reports  on  Wednesday,  the 
22d  inst.,  was,  on  motion  of  Mr.  WILSON, 

Laid  upon  the  table. 

On  motion  of  Mr.  FREEMAN,  of  Franklin,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day  ; 

And  the  Resolves  from  the  Committee  on  the  subject  of  the  Secre 
tary,  Treasurer,  &c.,  were  read  a  second  time. 

On  motion  of  Mr.  FREEMAN,  of  Franklin,  the  first  Resolve  was 
amended  by  striking  out  the  word  "  coroners  "  from  the  fourth  line, 
(printed  copy). 

The  Resolve  was  then  finally  passed. 

On  motion  of  Mr.  SCHOULER,  of  Boston,  the  second  Resolve  was 
amended  by  striking  from  the  ninth  line,  (printed  copy,)  the  words, 
"and  receiver-general." 

On  motion  of  Mr.  BIRD,  of  Walpole,  the  Resolve  was  further 
amended  by  the  addition  of  the  following  words,  viz. :  "  And  that  the 
Constitution  be  further  amended  by  striking  out  from  the  last  line  of 
article  1,  section  4,  chapter  2,  of  the  Constitution,  the  words,  "  and 
receiver-general." 

The  Resolve  was  then  finally  passed. 

Mr.  WILKINS,  of  Boston,  moved  that  the  third  Resolve  be  amended 
by  inserting  after  the  words  "county  commissioners,"  the  words  "ex 
cepting  in  the  counties  of  Suffolk  and  Nantucket"  ; 

But  the  amendment  was  rejected. 

On  motion  of  Mr.  DENTON,  of  Chelsea,  the  third  Resolve  was 
amended  by  striking  from  it  the  words,  "except  the  treasurers  of  the 
counties  of  Suffolk  and  Nantucket." 

Mr.  BATES,  of  Plymouth,  moved  that  the  Resolve  be  further 
amended  by  striking  out  the  words,  "  be  elected  once  in  six  years," 
and, 

Pending  this  question, 

At  one  o'clock,  the  Convention  adjourned. 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  BRINLEY,  of  Boston,  submitted  a  paper  containing  a  proposed 
substitute  for  the  plan  of  representation  reported  by  the  Committee 
on  the  House  of  Representatives ;  which  was  ordered  to  be  printed. 

Mr.  GOURGAS,  of  Concord,  from  the   Committee  on   Reporting  and 


1853.]  JOURNAL    OF    THE    CONVENTION.  119 

Publishing  the  Debates,  submitted  a  Report,  accompanied  by  a  Re 
solve,  which  was  considered  and  adopted,  as  follows  : — 

Resolved,  That  there  be  paid  to  Henry  M.  Parkhurst,  the  sum  of 
six  hundred  and  twenty-seven  dollars,  being  the  amount  due  him  for 
reporting  the  Debates  of  the  Convention  from  May  4th  to  17th,  inclu 
sive  ;  and  that  the  governor  of  the  Commonwealth  be  requested  to 
draw  his  warrant  on  the  treasury  for  the  same. 

On  motion  of  Mr.  UNDERWOOD,  of  Milford,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day ;  the  first  ques 
tion  being  upon  the  amendment  offered  by  Mr.  Bates,  of  Plymouth, 
to  the  third  Resolve  reported  by  the  Committee  on  the  subject  of  the 
Secretary,  Treasurer,  &c. 

Mr.  KINGMAN,  of  West  Bridgewater,  moved  the  Previous  Question, 
which  was  ordered  by  the  Convention. 

The  amendment  was  then  adopted  by  a  vote  of  one  hundred  and 
thirteen  in  the  affirmative,  to  fifty-eight  in  the  negative. 

On  motion  of  Mr.  BIRD,  of  Walpole, 

Ordered,  That  when  the  question  is  taken  on  the  final  passage  of 
the  Resolve,  it  be  taken  by  yeas  and  nays. 

And  the  roll  being  called, 

One  hundred  and  ninety-two  members  voted  for  the  Resolve,  and 
forty-seven  against  it. 

Those  who  voted  in  the  affirmative  are  : — 

Messrs.  Shubael  P.  Adams,  Messrs.  Adolphus  F.  Brown, 

Charles  Allen,  Alpheus  R.  Brown, 

Josiah.  Allis,  Hiram  C.  Brown, 

D.  W.  Alvord,  Joseph  Brownell, 

Htllel  Baker,  Patrick  Bryant, 

Alvah  Ballard,  Asahel  Buck, 

Alpheus  Bancroft,  Anson  Burlingame, 

Marcus  Barrett,  William  Carruthers, 

Moses  Bates,  Jr.,  Daniel  E.  Chapin, 

Erasmus  D.  Beach,  Henry  Chapin, 

John  Beal,  Josiah  Childs, 

Zephaniah  Bennett,  J.  McKean  Churchill, 

Francis  W.  Bird,  Stillmaii  Clarke, 

Henry  W.  Bishop,  William  Cleverly, 

Gad  O.  Bliss,  Jacob  Coggin, 

William  S.  Booth,  Lansing  J.  Cole, 

George  S.  Boutwell,  Sumner  Cole, 

Sewell  Boutwell,  George  B.  Crane, 

William  J.  A.  Bradford,  Oliver  S.  Cressy, 

Hiram  N.  Breed,  Simeon  Critteiiden, 

Asa  Bronson,  Joseph  W.  Cross, 


120 


JOURNAL   OF    THE    CONVENTION. 


[June  13th, 


Thomas  Cushman, 
Simeon  N.  Cutler, 
Ebeiiezer  Davis, 
Isaac  Davis, 
Silas  Dean, 
Augustus  Denton, 
B  radish  Dunham, 
John  M.  Durgin, 
James  Easton,  2d, 
Calvin  D.  Eaton, 
Lilley  Eaton, 
Elisha  Edwards, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Samuel  French, 
Luther  Gale, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Leonard  Gooding, 
F.  R.  Gourgas, 
Jabez  Green, 
Josiah  W.  Griswold, 
Samuel  P.  Hadley, 
Charles  B.  Hall, 
B.  F.  Hallett, 
Phineas  Harmon, 
George  Haskell, 
Elnathan  P.  Hathaway 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Aaron  Hobart, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Charles  P.  Huntington, 
George  H.  Huntington, 
Moses  C.  Hurlbut, 
John  Jacobs, 
John  Johnson, 
Isaac  Kendall, 


Messrs.  Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
George  H.  Kuhn, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Job^G.  Lawton,  Jr., 
Alden  Leland, 
Abishai  Lincoln, 
E.  Justin  Loomis, 
William  P.  Marble, 
Abijah  P.  Marvin, 
Charles  Mason, 
Ileuben  Meader, 
Simeon  Merritt, 
James  M.  Moore, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Charles  Newman, 
William  Nichols, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Henry  K.  Oliver, 
Benjamin  S.  Orne, 
E.  Wing  Packer, 
Adolphus  G.  Parker, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
Thomas  A.  Parsons, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Henry  Pierce, 
James  M.  Pool, 
Robert  Rantoul, 
Silas  Rawson, 
James  Read, 
Daniel  Richardson, 
Samuel  H.  Richardson, 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
Amasa  Sanderson, 


1853.]         .  JOURNAL   OF    THE    CONVENTION.  121 

Messrs.  Chester  Sanderson,  Messrs.  William  Tyler, 

William  Schouler,  Orison  Underwood, 

Luther  Sheldon,  Joel  Viles, 

John  Sherril,  Bradford  L.  Wales, 

John  W.  Simonds,  Amasa  Walker, 

Matthew  Smith,  Andrew  H.  Ward, 

John  Souther,  Samuel  Warner,  Jr., 

Melzar  Sprague,  Gershom  B.  Weston, 

Samuel  W.  Spooner,  Benjamin  White, 

Eben  H.  Stacy,  George  White, 

Granville  Stevens,  Daniel  S.  Whitney, 

Joseph  L.  Stevens,  Jr.,  James  S.  Whitney, 

William  Stevens,  Joseph  Wilbur, 

Gideon  Stiles,  Henry  Williams, 

Charles  Sumner,  Henry  Wilson, 

Joseph  Thayer,  Willard  Wilson, 

Willard  Thayer,  2d,  Jonathan  B.  Winn, 

John  W.  Thomas,  Levi  M.  Winslow, 

Abraham  Tilton,  Charles  C.  Wood, 

Horatio  W.  Tilton,  Nathaniel  Wood, 

David  Turner,  Otis  Wood, 

David  P.  Turner,  Ezekiel  Wright. 

Those  who  voted  in  the  negative  are  : — 

Messrs.  William  Aspinwall,  Messrs.  Thomas  Hopkinson, 

David  C.  Atwood,  Samuel  Houghton, 

Joseph  Barrows,  William  Hunt, 

Luther  V.  Bell,  Samuel  Jackson, 

Ebenezer  Bradbury,  Giles  C.  Kellogg, 

Francis  Brinley,  John  S.  Ladd, 

George  N.  Briggs,  Frederic  W.  Lincoln,  Jr., 

Ilufus  Bullock,  Isaac  Livermore, 

Cephas  C.  Bumpus,  Samuel  P.  Loud, 

Nathaniel  Cogswell,  John  A.  Lowell, 

Henry  F.  Cooledge,  Seth  Miller,  Jr., 

Leander  Crosby,  Samuel  Mixter, 

Solomon  Davis,  Daniel  Noyes, 

Philip  Eames,  Nathan  Orcutt, 

William  T.  Eustis,  John  G.  Park, 

Samuel  P.  Fowler,  Samuel  D.  Parker, 

Wanton  C.  Gilbert,  John  Sargent, 

Robert  Gould,  Charles  G.  Stevens, 

Dalton  Goulding,  Samuel  B.  Walcott, 

Artemas  Hale,  Cyrus  Weeks, 

A.  B.  Hammond,  John  H.  Wilkins, 

Charles  Heard,  Milo  Wilson, 

Henry  Hersey,  Josiah  B.  Woods. 
William  Hindsdale, 

So  the  Resolve  was  passed. 

The  fourth  Resolve  was  also  finally  passed,  making  the  series  in 
the  following  form : — 


122  JOURNAL    OF    THE    CONVENTION.  [June  13th, 

Resolved,  That  the  words,  "solicitor-general"  be  stricken  from 
article  9,  section  1,  chapter  2,  of  the  Constitution,  and  that  said  article 
be  so  amended  as  to  require  that  all  sheriffs  and  registers  of  probate 
be  elected  triennially  by  the  people  in  their  respective  counties,  and 
that  the  attorney-general  be  elected  annually  by  the  people  of  the 
Commonwealth. 

Resolved,  That  article  1,  section  4,  chapter  2,  be  amended  by  strik 
ing  out  the  word  "  and"  after  the  word  "secretary"  in  the  first  line, 
and  inserting  after  the  words  "receiver-general"  in  the  second  line, 
the  words,  "and  auditor  of  accounts,"  and  also,  by  substituting  for 
the  words  "by joint  ballot  of  the  senators  and  representatives  in  one 
room,"  the  words  "by  the  people  of  the  Commonwealth,"  so  that 
said  article,  as  far  as,  and  including  the  word  "room,"  may  read  thus: 
"  The  secretary,  treasurer,  and  auditor  of  accounts,  shall  be  chosen 
annually  by  the  people  of  the  Commonwealth."  And  that  the  Con 
stitution  be  further  amended  by  striking  out  from  the  last  line  of 
article  1,  section  4,  chapter  2,  of  the  Constitution,  the  words,  "  and 
receiver-general." 

Resolved,  That  judges  of  probate,  clerks  of  the  courts,  commis 
sioners  of  insolvency,  district-attorneys,  registers  of  deeds,  county 
treasurers,  and  county  commissioners,  be  elected  triennially  by  the 
people  of  their  respective  counties  and  districts. 

Resolved,  That  it  is  not  expedient  so  to  amend  the  Constitution  as 
to  provide  for  the  election  by  the  people  of  the  Commonwealth  of  a 
prison  inspector. 

Mr.  HALL,  of  Haverhill,  at  his  request,  was  excused  from  serving 
upon  the  Committee  on  the  University  at  Cambridge. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  reported  by  the  Committee  on  the  Frame  of  Government 
on  the  subject  of  the  legislative  department  of  the  government;  and 
the  President  requested  Mr.  Livermore,  of  Cambridge,  to  take  the 
chair. 

Afterwards,  Mr.  LIVERMORE  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no  con 
clusion,  ai.d  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  half  past  six  o'clock,  on  motion  of  Mr.  CHURCHILL,  of  Milton, 

The  Convention  adjourned. 


1853.]  JOURNAL    OF    THE    CONVENTION.  123 

TUESDAY,  June  14,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  PHELPS,  of  Monroe, 

Ordered,  That  the  roll  of  the  members  be  called. 

And,  on  motion  of  Mr.  BREED,  of  Lynn, 

Ordered,  That  the  doors  be  closed  during  the  calling  of  the  roll. 

The  roll  was  then  called,  and  it  was  ascertained  that  a  quorum  of 
the  members  was  present. 

The  doors  were  then  opened. 

Mr.  SUMNER,  member  for  Otis,  moved  that  the  Order  of  the  Con 
vention,  providing  that  the  morning  session  shall  commence  at  nine 
o'clock,  be  rescinded. 

Mr.  ALLEN,  of  Worcester,  moved  the  Previous  Question,  which 
was  ordered, 

And  the  motion  of  Mr.  Sumner  was  agreed  to. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  further  con 
sidering  the  Resolve  on  the  subject  of  the  legislative  department  of 
the  government;  and  the  President  requested  Mr.  Livermore,  of  Cam 
bridge,  to  take  the  chair. 

Afterwards,  Mr.  LIVERMORE  reported,  that  the  committee  had  con 
sidered  the  Resolve,  and  had  instructed  him  to  report,  that  it  ought  to 
pass,  with  an  amendment,  as  follows: — 

Striking  out  the  last  paragraph  of  the  proposed  article  of  amend 
ment,  and  substituting  therefor  the  following  : — 

The  legislature  which  shall  assemble  next  after  the  adoption  of 
this  article  in  the  Constitution,  shall  fix  the  compensation  of  members, 
which  may  be  changed  at  any  subsequent  session  ;  but  no  act  affect 
ing  the  pay  of  members,  passed  after  the  year  1854,  shall  take  effect 
until  the  session  next  after  its  passage.  And  no  compensation  or  pay 
shall  hereafter  be  allowed  for  the  attendance  of  members  longer  than 
one  hundred  days  at  any  one  session. 

The  question  being  upon  agreeing  to  the  proposed  amendment, 

Mr.  MORTON,  of  Taunton,  moved  to  amend  it  by  striking  out  the 
first  part,  as  far  as,  and  including  the  word  "passage,"  and  inserting 
instead  thereof  the  words,  "the  legislature  shall  by  law  establish  the 
compensation  of  the  members  thereof,  which  shall  in  no  case  be  in 
creased  or  diminished  during  their  continuance  in  office." 


124  JOURNAL    OF    THE    CONVENTION.  [June  14th, 

The  amendment  to  the  amendment  was  adopted,  and  then, 

On  motion  of  Mr.  MORTON,  the  amendment  was  further  amended 
by  striking  out  the  last  part,  after  the  word  "passage,"  and  inserting 
instead  thereof  the  words,  "  but  shall  never,  except  in  case  of  insurrec 
tion  or  invasion,  continue  in  session  longer  than  ninety  days,  nor  sit 
during  any  year  more  than  one  hundred  days." 

On  motion  of  Mr.  KELLOGG,  of  Hadley,  the  second  paragraph  of 
the  proposed  article  of  the  Constitution  was  amended  by  striking  out 
the  word  "said"  in  the  third  line,  (printed  copy,)  and  inserting  the 
word  "following"  after  the  word  "January"  in  the  same  line. 

Mr.  KINGMAN,  of  West  Bridgewater,  moved  that  the  question  on  the 
adoption  of  the  Resolve  be  taken  by  yeas  and  nays ;  but  the  motion 
was  rejected;  one-fifth  of  the  members  not  voting  in  its  favor. 

The  Resolve  was  then  ordered  to  a  second  reading. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston,  the  Convention  re 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  consid 
ering  the  Resolves  reported  by  the  Committee  on  the  subject  of  the 
House  of  Representatives;  and  the  Resolves  reported  by  a  minority 
of  the  same  committee;  and  the  President  requested  Mr.  Wilson,  of 
Natick,to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no  con 
clusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

Mr.  GREENE,  of  Brookfield,  presented  the  Petition  of  Lucretia  Up- 
ham  and  twenty-two  others,  women  of  Brookfield,  that  women  may 
be  permitted  to  vote  on  the  proposed  alterations  and  amendments  of 
the  Constitution. 

Also,  the  Petition  of  Wendell  Phillips  and  thirty-three  others,  that 
woman  may  be  heard  at  the  bar  of  the  Convention,  in  support  of 
her  rights. 

Severally  referred  to  the  Committee  on  the  Qualifications  of  Voters. 

Mr.  ALLEN,  of  Worcester,  from  the  Committee  on  the  Frame  of 
Government,  submitted  a  Report  upon  an  Order  of  May  18th,  con 
cerning  the  appropriation  of  public  funds  for  local  or  private  pur 
poses;  recommending  that  it  be  referred  to  the  special  committee 
having  under  consideration  the  subject  of  loans  of  the  credit  of  the 
State. 

The  Report  was  accepted,  and  the  Order  so  referred. 

At  one  o'clock,  the  Convention  adjourned. 


1853.]  JOURNAL    OF    THE    CONVENTION.  125 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  DAVIS,  of  Worcester,  from  the  Committee  on  the  Governor, 
submitted  Reports,  as  follow : — 

Inexpedient  to  act  upon  the  subject  of  an  Order  of  June  3d, 
relative  to  the  pardoning  power. 

Also,  inexpedient  to  act  upon  the  subject  of  an  Order  of  May  30th, 
relative  to  the  governor's  command  of  the  militia,  &c. 

Also,  a  Resolve  on  the  subject  of  the  title  of  the  governor. 

Severally  referred  to  the  Committee  of  the  Whole  and  ordered  to 
be  printed. 

Mr.  OLIVER,  of  Lawrence,  from  the  Committee  on  the  Militia, 
submitted  a  Report  and  articles  of  amendment  on  that  subject. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  DANA,  member  for  Manchester,  moved  a  reconsideration  of  the 
vote  by  which  the  third  of  the  Resolves  reported  by  the  Committee  on 
Secretary,  Treasurer,  &c.,  was  finally  passed. 

Placed  in  the  Orders  of  the  Day  for  to-morrow. 

On  motion  of  Mr.  MORTON,  of  Andover,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  House  of  Representatives ;  and  the 
President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  ten  minutes  past  six  o'clock,  on  motion  of  Mr.  BALL,  of  Upton, 

The  Convention  adjourned. 


WEDNESDAY,  June  15,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  GREENE,  of  Brookfield,  presented  the  Petition  of  Mary  C.  Hig~ 
ginson  and  forty-one  others,  women  of  Worcester,  in  aid  of  the  Pe- 
tion  of  Mrs.  Abby  C.  Alcott  and  others,  that  women  may  be  allowed 
to  vote  upon  the  proposed  amendments  of  the  Constitution. 

Referred  to  the  Committee  on  the  Qualifications  of  Voters. 


126  JOURNAL    OF    THE    CONVENTION.  [June  15th, 

On  motion  of  Mr.  WHITNEY,  of  Boylston, 

Ordered,  That  the  Committee  on  the  Militia  be  instructed  to  con 
sider  the  expediency  of  so  amending  the  Constitution  as  to  strike  out 
whatever  in  it  relates  to  the  militia;  and  instead  thereof,  provide  for 
the  registration  of  all  citizens,  between  twenty-one  and  fifty  years  of 
age,  as  a  standing  police  of  the  Commonwealth,  to  render  such  as 
sistance  as  may  at  any  time  be  necessary  for  the  preservation  of  the 
peace,  and  the  faithful  and  efficient  execution  of  the  laws  of  the  Com 
monwealth. 

On  motion  of  Mr.  AUSTIN,  of  Swanzey,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  House  of  Representatives ;  and  the 
President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  one  o'clock,  the  Convention  adjourned. 

AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  BROWN,  of  Dracut,  from  the  Special  Committee  on  the  subject 
of  Loaning  the  Credit  of  the  State,  submitted  a  Report,  inexpedient  to 
act  on  that  subject. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  WHITE,  of  Quincy,  offered  a  series  of  Resolves,  as  a  substitute 
for  the  Report  of  the  Majority  of  the  Committee  on  the  House  of 
Representatives. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  STEVENSON,  of  Boston,  from  the  Special  Committee  on  the  sub 
ject  of  Elections  by  Plurality  of  Votes,  stated,  that  on  account  of  the 
unavoidable  absence  of  the  chairman  and  other  members,  the  com 
mittee  were  not  able  to  comply  with  the  Order  of  the  Convention, 
directing  them  to  report  to-day  ;  and  on  his  motion,  further  time  was 
granted  to  the  committee  for  the  consideration  of  the  subject. 

The  PRESIDENT  appointed  Mr.  Boutwell,  member  for  Berlin,  one  of 
the  Committee  on  the  University  at  Cambridge,  in  place  of  Mr.  Hall, 
of  Haverhill,  excused  from  serving. 

On  motion  of  Mr.  BRIGGS,  of  Pittsfield,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 


1853.] 


JOURNAL    OF    THE    CONVENTION.  127 


the  Resolves  on  the  subject  of  the  House  of  Representatives;  and  the 
President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

On  motion  of  Mr.  BIRD,  of  Walpole,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  being  the  motion  to  reconsider  the  vote  on  the 
passage  of  the  third  Resolve,  reported  by  the  Committee  on  the 
Secretary,  Treasurer,  &c.,  was  passed  over. 

At  a  quarter  past  five  o'clock,  on  motion  of  Mr.  THOMPSON,  of 
Charlestown, 

The  Convention  adjourned. 


THUESDAY,  June  16,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  ROCKWOOD,  of  Bclchertown,  presented  a  plan  of  representation 
in  the  House  of  Representatives. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

On  motion  of  Mr.  HURLBUT,  of  Sudbury,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  Plouse  of  Representatives ;  and  the 
President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

On  motion  of  Mr.  MORTON,  of  Quincy,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject,  being  the  motion  to  reconsider  the  vote  on  the 
passage  of  the  third  Resolve  reported  by  the  Committee  on  Secretary, 
Treasurer,  &c.,  was  passed  over. 

At  half-past  twelve  o'clock,  on  motion  of  Mr.  HALE,  of  Bridge- 
water, 

The  Convention  adjourned. 


128  JOURNAL   OF    THE    CONVENTION.  [June  16th, 


AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Committee  on  the  Qualifications  of  Voters,  be 
instructed  to  consider  the  expediency  of  incorporating  into  the  Con 
stitution  the  following  provisions,  to  wit : — 

1.  No  person  shall  be  deemed  to   have  lost  his  residence  in  the 
Commonwealth,  by  reason  of  his  absence,  either  on  business  of  this 
State  or  of  the  United  States. 

2.  l^o  idiot,  or  insane  person,  or  persons  convicted  of  any  infamous 
crime,  shall  be  entitled  to  vote  in  any  election. 

Mr.  WALKER,  of  North  Brookfield,  offered  a  Resolution,  containing 
a  plan  of  representation  in  the  House  of  Representatives. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be 
printed. 

On  motion  of  Mr.  PHINNEY,  member  for  Chatham,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con 
sidering  the  Resolves  on  the  subject  of  the  House  of  Representatives  ; 
and  the  President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

On  motion  of  Mr.  WARNER,  of  Wrentham,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject,  being  the  motion  to  reconsider  the  vote  on  the 
passage  of  the  third  Resolve  reported  by  the  Committee  on  Secretary, 
Treasurer,  &c.,  was,  on  motion  of  Mr.  EAMES,  of  Washington,  laid 
upon  the  table. 

And  then,  at  half-past  five  o'clock,  on  motion  of  Mr.  CHURCHILL, 
of  Milton, 

The  Convention  adjourned. 


1853.]  JOURNAL    OF    THE    CONVENTION.  129 

FRIDAY,  June  17,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  HOYT,  of  Deerfield,  presented  the  Petition  of  N.  T.  Johnson 
and  ninety-seven  others,  inhabitants  of  Deerfield,  asking  for  a  declara 
tion  in  the  Bill  of  Rights  in  favor  of  protection  to  fugitive  slaves. 

Referred  to  the  Committee  on  the  Bill  of  Rights. 

On  motion  of  Mr.  WOOD,  of  Fitchburg,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  House  of  Representatives ;  and 
the  President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come 
to  no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  one  o'clock,  on  motion  of  Mr.  GRISWOLD,  member  for  Erving, 

The  Convention  adjourned. 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  OLIVER,  of  Lawrence,  from  the  Committee  on  the  Militia,  sub 
mitted  a  Report,  inexpedient  to  act  upon  the  Petition  of  John  P. 
Coburn  and  others. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  ABBOTT,  of  Lowell,  from  the  Committee  on  Elections,  to  whom 
was  referred  the  Memorials  of  Leonard  M.  Parker  and  James  Rus 
sell,  claiming  seats  in  the  Convention,  submitted  a  Report  on  that 
subject. 

Also,  a  Report,  leave  to  withdraw,  on  the  Memorial  of  John  San- 
born,  claiming  a  seat  in  the  Convention. 

Laid  on  the  table  and  ordered  to  be  printed.  ,' 

Mr.  WEEKS,  of  Harwich,  presented  the  Petition  of  Silas  Lamson 
and  forty-four  others,  praying  that  the  fundamental  changes  in  gov 
ernment  may  be  in  accordance  with  the  polity  instituted  by  the  Holy 
Apostles. 

Referred  to  the  Committee  on  the  Bill  of  Rights. 

On  motion  of  Mr.  BREED,  of  Lynn,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolves  on  the  subject  of  the  House  of  Representatives ;  and  the 
President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 


130  JOURNAL   OF    THE    CONTENTION.  [June  18th, 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

Mr.  KINSMAN,  of  Newburyport,  moved  that  the  Convention  resolve 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  House  of  Representatives,  on  Tues 
day  next,  at  ten  o'clock  ;  but  the  motion  was  rejected. 

At  a  quarter  before  six  o'clock,  on  motion  of  Mr.  PUTNAM,  of  Wen- 
ham, 

The  Convention  adjourned. 


SATURDAY,  June  18,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  ALDRICH,  of  Barre, 

Ordered,  That  the  Committee  on  the  Qualifications  of  Voters  in 
quire  into  the  expediency  of  providing  in  the  Constitution,  that  no 
voter,  during  the  time  for  holding  any  election  at  which  he  is  entitled 
to  vote,  shall  be  compelled  to  perform  military  service,  except  in  time 
of  war  or  public  danger,  or  to  attend  any  court  as  suitor,  juror,  or 
witness  ;  and  no  voter  shall  be  subject  to  arrest  under  any  civil  process 
during  his  attendance  at  elections,  or  in  going  to  and  returning  from 
them. 

Mr.  BUTLER,  of  Lowell,  offered  an  Order,  which  was  amended,  on 
motion  of  Mr.  KEYES,  member  for  Abington,  and  adopted,  as  follows : 

That  the  Secretary  of  the  Commonwealth  be  requested  to  furnish 
a  statement  of  the  number  of  criminals  pardoned  by  the  executive 
annually  for  the  last  ten  years,  and  the  classes  of  crimes  with  which 
the  persons  pardoned  were  charged,  and  also  a  statement  of  the  num 
ber  of  applications  for  pardon  that  have  not  been  granted ;  and  also, 
in  each  case  where  pardon  has  been  granted,  a  statement  of  the  origi 
nal  sentence,  and  the  portion  of  the  sentence  that  has  been  remitted. 

Mr.  WALKER,  of  North  Brookfield,  from  the  Committee  on  the 
Qualifications  of  Voters,  to  whom  was  recommitted  the  third  Resolve 
of  the  first  series  reported  by  that  committee,  with  an  amendment 
proposed  thereto,  submitted  a  Report,  accompanied  by  Resolves  on 
that  subject. 


1853.]  JOURNAL    OF   THE    CONVENTION.  131 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day;  the  first  subject  being 
the  final  passage  of  the  Resolves  on  the  subject  of  the  legislative 
department  of  the  government. 

Mr.  HALLETT,  member  for  Wilbraham,  moved  to  amend  the  Re 
solves  by  substituting  for  the  last  paragraph  of  the  proposed  article 
of  amendment,  the  following  : — 

The  legislature  shall  by  law  establish  the  compensation  of  the 
members  thereof,  but  no  increase  of  such  compensation  which  may 
be  thereafter  made,  shall  take  effect  during  the  term  for  which  the 
members,  at  the  time  of  such  increase,  shall  have  been  elected ;  and 
no  compensation  shall  be  allowed  for  the  attendance  of  members 
onger  than  for  one  hundred  days  at  any  one  session. 

After  debate,  Mr.  KINGMAN,  of  West  Bridgewater,  moved  the  Pre 
vious  Question  ;  which  was  ordered,  and 

The  amendment  was  adopted. 

On  motion  of  Mr.  MORTON,  of  Andover, 

Ordered,  That  when  the  question  is  taken  on  the  final  passage  of 
the  Resolves,  it  be  taken  by  yeas  and  nays. 

Mr.  KEYES,  member  for  Abington,  called  for  a  division  of  the  ques 
tion,  and  no  objection  being  made,  the  question  was  put  upon  the 
adoption  of  the  first  two  paragraphs  of  the  article  of  amendment, 
and  they  were  agreed  to. 

The  question  then  being  upon  the  adoption  of  the  last  paragraph, 

The  roll  was  called,  and  two  hundred  and  forty-one  members  voted 
in  the  affirmative,  and  forty  in  the  negative. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Josiah  G.  Abbott,  Messrs.  Zephaniah  Bennett, 

Benjamin  P.  Adams,  Edward  B.  Bigelow, 

P.  Emory  Aldrich,  Jacob  Bigelow, 

James  B.  Allen,  Francis  W.  Bird, 

Parsons  Allen,  Gad  O.  Bliss, 

John  B.  Alley,  William  C.  Bliss, 

Josiah  Allis,  William  S.  Booth, 

D.  W.  Alvord,  George  S.  Boutwell, 

George  Austin,  Ebenezer  Bradbury, 

Samuel  Ayres,  William  J.  A.  Bradford, 

George  S.  Ball,  Hiram  N.  Breed, 

Sidney  Bartlett,  Osmyn  Brewster, 

Eliakim  A.  Bates,  George  N.  Briggs, 

Moses  Bates,  Jr.,  Asa  Bronson, 

John  Beal,  Artemas  Brown, 

William  Bennett,  Jr.,  Hammond  Brown, 


132 


JOURNAL    OF    THE    CONVENTION. 


[June 


Messrs.  Hiram  C.  Brown, 

Frederick  Browuell, 
Patrick  Bryant., 
Asahel  Buck, 
Amos  H.  Bullen,. 
Alison  Burlingame? 
Benjamin  F.  Butler,, 
Henry  Cady, 
Timothy  W.  Carter, 
Isaac  Case, 
Amariah  Chandler, 
Daniel  E.  Chapin, 
J.  McKean  Churchill, 
Hansom  Clark, 
Alpheus  B.  Clarke,, 
Stillman  Clarke, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Lansing  J;.  Cole, 
Sumner  Cole, 
Henry  F.  Cooledge> 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden,. 
Joseph  W.  Cross, 
Henry  W.  Cnshman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Isaac  Davis, 
"Robert  T.  DavLs 
Solomon  Davis, 
Henry  L.  Dawes> 
Oilman  Day, 
Silas  Dean ^ 
Elijah  S.  Demings, 
Hiram  S.  Denison., 
Augustus  Denton, 
Samuel  Duncan^ 
Bradish  Dunham, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easlaaid, 
Elisha  Ed  wards  s, 
Samuel  Edwards, 
A.  G.  Farwell, 
Sullivan  Fay, 
Lyman  Fisk, 
Ezekiel  W.  FitcK 
Aaron  Foster, 
Abrana  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 


Messrs.  Rodney  French, 
Samuel  French, 
Richard  Frothingham,  Jr. 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Leonard  Gooding, 
Robert  Gould, 
Jason  Goulding, 
John  W.  Graves, 
Jabez  Green, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Charles  B.  Hall, 
Benjamin  F.  Hallett, 
A.  B.  Hammond, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
William  Haskiiis, 
Stephen  E.  Hawkes, 
Isaac  Hay  den, 
Ezra  Heath,  2d, 
Henry  Hersey, 
James  Hewes, 
William  H.  Hewes, 
William  Hinsdale, 
Aaron  Hobart, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Thomas  Hopkinson, 
William  J.  Hubbard, 
Charles  E.  Hunt, 
Charles  P.  Huntington, 
Moses  C.  Hurlbut, 
AbijahM.  Ide,  Jr., 
Samuel  Jackson, 
John  Jacobs, 
John  Jenkins, 
John  Johnson, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
William  H.  Knowlton, 
Albert  Knox, 
John  S.  Ladd, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 


1853.] 


JOURNAL   OF    THE    CONVENTION. 


133 


Messrs.  Abishai  Lincoln, 
Otis  Little, 
Tristram  Littlefield, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
William  P.  Marble, 
I^abaii  Marcy, 
Theophilus  R.  Marvin, 
Reuben  Meader, 
Samuel  Mixter, 
James  L.  Monroe, 
George  Morey, 
Marcus  Morton,  Jr., 
Hiram  Nash, 
Jonathan  Nayson, 
Charles  Newman, 
William  Nichols, 
Alfred  Norton, 
Nathan  Orcutt, 
Benjamin  S.  Orne, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Joel  Parker, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Jeremiah  Pomroy, 
James  M.  Pool, 
Jonathan  Preston, 
Robert  Rantoul, 
Silas  Rawson, 
David  Rice, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
George  R.  Sampson, 
Amasa  Sanderson, 


Messrs.  Luther  Sheldon, 
John  Sherril, 
Chester  Sikes, 
John  W.  Simonds, 
Matthew  Smith, 
John  Souther, 
Samuel  W.  Spooner, 
Eben  II.  Stacy, 
Caleb  Stetson, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Styles, 
Charles  Sunnier, 
Alanson  Swain, 
Thomas  Talbct, 
Ralph  Taylor, 
John  W.  Thomas, 
Edmund  P.  Tilestoa, 
Horatio  W.  Tilton, 
Ephraim  Tower, 
David  Turner, 
David  P.  Turner, 
William  Tykr, 
Orison  Underwood, 
Charles  W.  Uphais, 
Joel  Viles, 
Samuel  B,  Walcott, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Samuel  Warner,  Jr., 
Gershom  B.  Westoii, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
Daniel  S.  Whitney, 
Daniel  Wilbur, 
Joseph  Wilbur, 
Joel  Wilder, 
John  H.  Wilkins, 
Henry  Williams, 
Henry  Wilson, 
Milo  Wilson, 
Willard  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


134  JOURNAL    OF    THE    CONVENTION.  [June  18th, 

Those  who  voted  in  the  negative  are : — 

Messrs.  Charles  Allen,  Messrs.  Charles  Heard, 

William  Appleton,  Samuel  Houghton, 

Joseph  Barrows,  Henry  K.  Hoyt, 

Marcus  Barrett,  Giles  C.  Kellogg, 

James  M.  Beebe,  Isaac  Kendall, 

Francis  Brinley,  Edward  L.  Keyes, 

Josiah  Childs,  George  H.  Kuhn, 

Rufus  Choate,  Elbridge  G.  Morton, 

Benjamin  F.  Copeland,  Andrew  T.  Nute, 

Leander  Crosby,  James  W.  Paige, 

Francis  B.  Crowninshield,  Luther  Richards, 

William  Dehon,  William  Schouler, 

James  C.  Doaiie,  Charles  Sherman, 

James  Easton,^2d,  Increase  Sumner, 

Joel  Giles,  Arnold  Taft, 

John  C.  Gray,  Charles  R.  Train, 

Artemas  Hale,  George  B.  Upton, 

Nathan  Hale,  Cyrus  Weeks, 

Elnathan  P.  Hathaway,  Thomas  Wetmore, 

George  Hay  ward,  J.  B.  Williams. 

So  the  Resolve  was  finally  passed,  as  follows : — 

Resolved,  That  the  Constitution  be  amended  by  striking  out  the 
first  article  in  the  first  section  of  the  first  chapter  of  "  Part  the  Sec 
ond,"  and  substituting  therefor  the  following  article  : — 

ARTICLE  1.  The  department  of  legislation  shall  be  styled  the  Gen 
eral  Court  of  Massachusetts.  It  shall  consist  of  two  branches,  a 
Senate  and  a  House  of  Representatives,  each  of  which  shall  have  a 
negative  upon  the  other. 

The  legislature  shall  assemble  every  year,  on  the  first  Wednesday 
in  January ;  and  shall  be  dissolved  on  the  day  next  preceding  the 
first  Wednesday  in  January  following,  without  any  proclamation  or 
other  act  of  the  governor. 

The  legislature  shall  by  law  establish  the  compensation  of  the  mem 
bers  thereof,  but  no  increase  of  such  compensation  which  may  be 
thereafter  made  shall  take  effect  during  the  term  for  which  the  mem 
bers,  at  the  time  of  such  increase,  shall  have  been  elected ;  and  no 
compensation  shall  be  allowed  for  the  attendance  of  members  longer 
than  for  one  hundred  days  at  any  one  session. 

On  motion  of  Mr.  WESTON,  of  Duxbury,  the  hour  for  the  adjourn 
ment  of  the  forenoon  session  was  extended,  for  this  day,  until  two 
o'clock. 

On  motion  of  Mr.  BATES,  of  Plymouth, 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  to  meet  on 
Monday,  at  ten  o'clock. 


1853.] 


.JOURNAL   OF   THE    CONVENTION.  135 


On  motion  of  Mr.  BIRD,  of  Walpole,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the  Re 
port  of  the  Committee  on  the  Frame  of  Government,  inexpedient  to 
act  upon  the  subject  of  an  Order  of  June  3d,  concerning  the  compen 
sation  of  commissioners;  and  the  President  requested  Mr.  Nayson, 
of  Arnesbury,  to  take  the  chair. 

Afterwards,  Mr.  NAYSON  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Governor,  inexpedient  to  act 
upon  the  subject  of  an  Order  of  June  3d,  relative  to  the  pardoning 
power ;  and  the  President  requested  Mr.  Bradbury,  of  Newton,  to  take 
the  chair. 

Afterwards,  Mr.  BRADBURY  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no  con 
clusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  two  o'clock,  on  motion  of  Mr.  WILSON,  of  Natick, 

The  Convention  adjourned. 


MONDAY,  June  20,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  Saturday  was  read. 

Mr.  HOOPER,  of  Fall  River,  offered  the  following  Resolutions : — 

Resolved,  That  it  is  expedient  so  to  revise  the  Constitution,  that  all 
vacancies  occasioned  by  death,  resignation,  or  other  cause,  among  the 
judges  of  the  supreme  judicial  court,  shall  be  filled  by  an  election 

at  large  throughout  the  State,  for  a  term  of years,  so  arranged 

that  two  shall  not  be  elected  at  the  same  time  for  the  same  term  of 
years. 

Resolved,  That  it  is  expedient  so  to  revise  the  Constitution,  as  to 
require  that  provision  shall  be  made,  by  law,  for  the  election  of  all  the 
judges  and  justices  of  inferior  courts,  in  districts,  for  a  term  of 
years  ;  and  that  so  long  as  the  court  of  common  pleas  shall  continue 
as  at  present  constituted,  the  judges  thereof  shall  be  elected  in  dis 
tricts  for  a  term  of years,  so  arranged  that  only  one  shall  be 


136  JOURNAL    OF    THE    CONVENTION.  [June  20th, 

elected  in  any  one  year,  unless  it  shall  be  to  fill  a  vacancy  in  an  unex- 
pired  term,  and  the  judge  whose  term  of  service  is  first  to  expire,  shall 
be  the  chief  justice  of  said  court,  till  such  expiration,  so  that  each 
shall  in  turn  be,  successively,  the  chief  justice. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 
On  motion  of  Mr.  WILLIAMS,  of  Taunton, 

Ordered,  That  the  Special  Committee  appointed  to  consider  the 
expediency  of  providing  that  the  legislature  hereafter  shall  issue  no 
special  act  of  incorporation  for  banking  purposes,  also  consider  the 
expediency  of  providing  that  the  legislature  shall  have  no  power  to 
authorize  nor  pass  any  law  sanctioning  the  suspension  of  specie  pay 
ment  by  any  association  or  corporation  issuing  bank  notes. 

A  communication  was  read  from  Mr.  Kellogg,  of  West  Stock- 
bridge,  asking  leave  of  absence,  to  enable  him  to  attend  the  funeral 
obsequies  of  his  father-in-law,  in  a  neighboring  State. 

Considered,  and  leave  granted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Governor,  inexpedient  to  act  upon 
the  subject  of  an  Order  of  June  3d,  relative  to  the  pardoning  power ; 
and  the  President  requested  Mr.  Bradbury,  of  Newton,  to  take  the 
chair. 

Afterwards,  Mr.  BRADBURY  reported,  that  it  was  the  opinion  of  the 
committee,  that  the  Report  ought  to  be  accepted. 

And  it  was  acordingly  accepted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolve  on  the  subject  of  the  title  of  the  governor;  and  the  Presi 
dent  requested  Mr.  WOOD,  of  Fitch  burg,  to  take  the  chair. 

Afterwards,  Mr.  WOOD  reported,  that  it  was  the  opinion  of  the 
committee,  that  the  Resolve  ought  to  pass. 

And  it  was  accordingly  ordered  to  a  second  reading. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolve,  and  proposed  part  of  the  Constitution  relative  to  the 
militia;  and  also  the  Report  of  the  Committee  on  the  Governor, 
inexpedient  to  act  upon  the  subject  of  an  Order  of  May  30th,  rela 
tive  to  the  governor's  command  of  the  militia ;  and  the  President 
requested  Mr.  Allen,  of  Worcester,  to  take  the  chair. 

Afterwards,  Mr.  ALLEN  reported,  that  the  committee  had  made  pro- 


1853.] 


JOURNAL    OF    THE    CONVENTION.  137 


gress  in  the  consideration  of  the  subjects  referred  to  them,  but  had 
come  to  no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit 
again. 

And  leave  was  accordingly  granted. 

At  one  o'clock,  the  Convention  adjourned. 


AFTERNOON    SESSION. 

Met  according  to  adjournment. 

Mr.  WRIGHT,  of  Westford,  presented  the  Petition  of  J.  F.  Evans 
and  eighteen  others,  in  aid  of  the  Petition  of  John  W.  Le  Barnes  and 
others. 

Referred  to  the  Committee  on  the  Bill  of  Rights. 

The  Order  offered  by  Mr.  Wilson,  of  Natick,  instructing  the  com 
mittees  to  make  their  final  Reports,  was  taken  from  the  table,  modi 
fied,  and  adopted,  as  follows : — 

Ordered^  That  the  several  committees  be  instructed  to  make  their 
final  Reports  on  or  before  Monday  next,  the  27th  instant. 

Mr.  EAMES,  of  Washington,  offered  the  following  Order: — 

Ordered,  That  on  and  after  Wednesday  next,  the  Convention  meet 
at  nine  o'clock,  A.  M.,  until  otherwise  determined. 
Laid  over,  under  the  rule. 

Mr.  WALKER,  of  North  Brookfield,  from  the  Committee  on  the 
Qualifications  of  Voters,  submitted  a  Report  on  the  subject  of  an 
Order  of  June  10th,  concerning  a  voting  list  or  registry. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  WThole,  for  the  purpose  of  considering 
the  Resolve  on  the  subject  of  the  militia,  &c. ;  and  the  President 
requested  Mr.  Allen,  of  Worcester,  to  take  the  chair. 

Afterwards,  Mr.  BOUTWELL,  member  for  Berlin,  chairman  of  the 
committee  in  the  absence  of  Mr.  Allen,  reported,  that  the  committee 
had  considered  the  subject,  and  had  instructed  him  to  report  as  fol 
lows  : — 

That  the  first,  second,  third,  fourth,  fifth,  seventh,  eighth,  ninth, 
eleventh,  thirteenth,  fourteenth,  and  fifteenth  articles  ought  to  pass 
without  amendment. 

That  the  sixth  article  ought  to  be  amended  by  inserting  the  words, 
"a  majority  of"  after  the  word  "by  "  in  the  first  line,  (printed  copy). 

That  the  tenth  article  ought  to  be  amended  by  inserting  after  the 


138  JOURNAL    OF   THE    CONVENTION.  [June  21st, 

word  "  appoint "  in  the  first  line,  the  words,  "  and  commission  for  one 
year,  or  until  their  successors  shall  be  commissioned  and  qualified;" 
and  by  substituting  the  word  "  the"  for  the  word  "and  "  in  the  third 
line. 

And  that  the  twelfth  article  ought  to  be  amended,  by  inserting  the 
word  "  elective "  after  the  word  "  several "  in  the  first  line,  and  by 
striking  out  all  after  the  word  "  qualified"  in  the  fourth  line. 

The  amendments  recommended  by  the  committee,  were  concurred 
in,  and  the  Resolve  ordered  to  a  second  reading. 

At  seven  o'clock,  on  motion  of  Mr.  BRIGGS,  of  Pittsfield, 

The  Convention  adjourned. 


TUESDAY,  June  21,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

On  motion  of  Mr.  BRINLEY,  of  Boston,  the  paper  presented  by  him 
on  the  13th  inst,  containing  a  plan  of  representation  in  the  House  of 
Representatives,  was 

Referred  to  the  Committee  of  the  Whole. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  Resolves  on 
the  subject  of  the  Council,  and  the  Resolves  on  the  subject  of  the 
lieutenant-governor,  were 

Taken  from  the  table,  and  placed  in  the  Orders  of  the  Day. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin, 

Ordered,  That  a  committee  of members  be  appointed  to  re 
duce  such  amendments  as  have  been,  or  may  be,  agreed  upon,  to  the 
form  in  which  it  will  be  proper  to  submit  the  same  to  the  people  for 
ratification. 

Mr.  JENKS,  of  Boston,  submitted  a  plan  of  representation  in  the 
House  of  Representatives. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  OLIVER,  of  Lawrence,  from  the  Committee  on  the  Militia,  sub 
mitted  a  Report,  inexpedient  to  act  upon  the  subject  of  an  Order  of 
June  15th,  concerning  the  registration  of  citizens  as  a  standing 
police. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

The  Order   offered  yesterday,  by  Mr.  Eames,  of  Washington,  and 


1853.]  JOURNAL    OF    THE    CONVENTION.  139 

laid  over,  was  taken  up,  and  adopted  by  a  vote  of  eighty-nine  in  the 
affirmative,  and  sixty-five  in  the  negative. 

Mr.  WILSON,  of  Natick,  moved  that  in  Committee  of  the  Whole 
on  the  subject  of  the  House  of  Representatives,  debate  on  the  pend 
ing  question,  viz. :  the  substitution  of  the  Report  of  the  Minority 
for  the  Report  of  the  Majority,  shall  cease  on  Friday  next,  at  eleven 
o'clock ;  but  afterwards  withdrew  the  motion. 

On  motion  of  Mr.  SCHOULER,  of  Boston,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  House  of  Representatives ;  and  the 
President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come 
to  no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  one  o'clock,  on  motion  of  Mr.  BRIGGS,  of  Pittsfield, 

The  Convention  adjourned. 

AFTERNOON  SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  MORTON,  of  Andover,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  House  of  Representatives ;  and  the 
President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  Convention 
proceeded  to  the  consideration  of  the  Orders  of  the  Day. 

The  Resolve  on  the  subject  of  the  title  of  the  governor  was  finally 
passed,  by  a  vote  of  one  hundred  and  sixty-two  in  the  affirmative,  to 
eight  in  the  negative,  as  follows : — 

Resolved,  That  it  is  expedient  to  amend  the  Constitution,  by  abol 
ishing  the  title  of  "  His  Excellency." 

Mr.  HALLETT,  member  for  Wilbraham,  moved  a  reconsideration  of 
the  vote  by  which  the  Resolve  was  passed. 

No  objection  being  made,  the  motion  was  immediately  considered, 
and  rejected. 

The  Resolve  and  articles  of  amendment  on  the  subject  of  the 
militia  were  next  taken  up. 


140  JOURNAL    OF    THE    CONVENTION.  [June  22d, 

Mr.   SUMNER,  member   for    Marshfield,  offered   the   two  following 
articles  as  a  substitute  for  the  series,  viz. : — 

1.  The  governor  shall  be  commander-in-chief  of  the  army  and  navy 
of  the  Commonwealth,  and   of  the  militia  thereof,  excepting  when 
these  forces  shall  be  actually  in  the  service  of  the  United  States  ;  and 
shall  have  power  to  call  out  the  same  to  aid  in  the  execution  of  the 
laws,  to  suppress  insurrection,  and  to  repel  invasion. 

2.  The  appointment  of  the  officers,  and  the  training  of  the  militia, 
shall   be   regulated   in    such    manner   as   may   hereafter  be   deemed 
expedient  by  the  legislature;  and  all  persons,  who,  from  scruples  of 
conscience,  may  be  averse  to  bearing  arms,  shall  be  excused  there 
from  upon  conditions  prescribed  by  law. 

Pending  the  question  upon  the  adoption  of  the  amendment, 
At  six  o'clock,  on  motion  of  Mr.  CHURCHILL,  of  Milton, 
The  Convention  adjourned. 


WEDNESDAY,  June  22,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  DENTON,  of  Chelsea,  presented  the  Petition  of  A.  T.  Willard 
and  thirty-three  others,  legal  voters  of  Chelsea,  asking  that  all  cor 
porate  bodies  shall  come  under  general  laws. 

Referred  to  the  Committee  of  the  Whole  to  which  was  referred  the 
.Report  of  the  committee  on  that  subject. 

Mr.  ROCKWELL,  of  Pittsfield,  presented  the  Petition  of  Edward  A. 
Newton  and  one  hundred  and  fifteen  others,  citizens  of  Pittsfield, 
asking  for  certain  amendments  of  the  Constitution.^ 

Referred  to  the  several  committees  having  the  various  subjects  in 
charge. 

Mr.  SUMNER,  member  for  Otis,  offered  the  following  Resolve: — 

Resolved,  That  it  is  expedient  to  amend  the  Constitution,  as  fol 
lows  : — 

The  tenure  that  all  judicial  officers  shall  have  by  law  in  their  offices, 
excepting  those  concerning  whom  there  is  a  different  provision  made 
in  the  Constitution,  shall  be  ten  years  :  provided,  hoiuever,  they  may 
be  removed  from  office  by  the  executive,  upon  the  address  of  a  ma 
jority  of  the  members  present  of  each  House  of  the  legislature  ;  but 
no  address  for  the  removal  of  any  judicial  officer  shall  pass  either 


1853.]  JOURNAL    OF    THE    CONVENTION.  141 

House  of  the  legislature  until  the  causes  of  such  removal  are  first 
stated,  and  entered  on  the  journal  of  the  House  in  which  it  shall  origi 
nate,  and  a  copy  thereof  served  on  the  person  in  office,  so  that  he  may 
be  admitted  to  a  hearing  in  his  defence  before  each  of  said  Houses. 

The  present  justices  of  the  supreme  judicial  court  and  court  of 
common  pleas,  shall  hold  their  offices  according  to  their  respective 
commissions ;  but  hereafter,  when  any  vacancy  in  said  offices  shall 
occur,  it  shall  be  filled  by  election  by  the  qualified  voters  of  the  Com 
monwealth,  and  the  person  elected  shall  be  commissioned  by  the 
executive. 

The  legislature  shall,  by  law,  regulate  the  mode  of  elections  for 
filling  said  offices,  and  of  ascertaining  who  is  chosen. 

Former  incumbents  of  either  of  said  offices  shall  be  eligible  to  re 
election. 

Mr.  WILSON,  of  Natick,  offered  the  following  Resolve : — 

Resolved,  That  it  is  proper  and  expedient  so  to  amend  the  Consti 
tution,  as  to  provide  that  the  justices  of  the  supreme  judicial  court 
shall  be  appointed  for  the  term  of  ten  years,  and  the  justices  of  such 
inferior  courts  as  are,  or  may  be  established  by  law,  for  the  term  of 
seven  years  ;  said  justices  to  be  eligible  to  reappointment,  but  in  no 
case  to  continue  in  office  after  attaining  seventy  years  of  age. 

Severally  referred  to  the  Committee  of  the  Whole  to  which  was 
referred  the  Resolves  on  the  subject  of  the  judiciary,  and  ordered  to 
be  printed. 

Mr.  WALKER,  of  North  Brookfield,  from  the  Committee  on  the 
Qualifications  of  Voters,  submitted  a  Report  and  Resolves  on 
the  subject  of  the  loss  of  residence  by  absence  on  the  business  of 
the  State,  &c. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be 
printed. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Militia,  inexpedient  to  act  upon 
the  subject  of  the  Petition  of  John  P.  Coburn  and  others ;  and  the 
President  requested  Mr.  Schouler,  of  Boston,  to  take  the  chair. 

Afterwards,  Mr.  SCHOULER  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

The  question  being  upon  the  acceptance  of  the  Report, 

Mr.  WILSON,  of  Natick,  moved  that  the  Report  be  amended  by 
striking  out  all  after  the  word  "  Report,"  and  inserting  the  following 
Resolution : — 


142  JOURNAL    OF    THE    CONVENTION.  [June  22d, 

Resolved,  That  no  distinction  shall  ever  be  made,  in  the  organiza 
tion  of  the  voluntary  military  companies  of  this  Commonwealth,  on 
account  of  color  or  race. 

On  motion  of  Mr.  WILSON,  the  yeas  and  nays  were  ordered  on  the 
adoption  of  the  amendment. 

Without  taking  the  question,  the  whole  subject,  on  motion  of  Mr. 
ABBOTT,  of  Lowell,  was 

Laid  upon  the  table. 

On  motion  of  Mr.  TRAIN,  of  Framingham,  leave  was  granted  to 
the  Committee  on  the  University  at  Cambridge,  to  sit  during  the 
morning  session  of  the  Convention. 

On  motion  of  Mr.  CHURCHILL,  of  Milton,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolve  on  the  subject  of  the  militia. 

The  substitute  offered  yesterday  by  Mr.  Sumner,  member  for 
Marshfield,  was  rejected  by  a  vote  of  seventy-eight  in  the  affirmative, 
to  one  hundred  and  twelve  in  the  negative. 

Mr.  HATHAWAY,  of  Freetown,  moved  to  amend  the  first  of  the  pro 
posed  articles  by  striking  from  the  second  and  third  lines,  (printed 
copy,)  the  words,  "  the  laws  of  the  Commonwealth  may  exempt," 
and  inserting  instead  thereof  the  words,  "  may  by  law  be  exempted." 

Also,  by  striking  out  in  the  fourth  line  the  words,  "  the  legislature 
may  prescribe,"  and  inserting  instead  thereof  the  words,  "  by  law  may 
be  required." 

Mr.  DANA,  member  for  Manchester,  moved  to  recommit  the  Resolve 
to  the  Committee  on  the  Militia. 

Pending  this  question, 

At  one  o'clock,  the  Convention  adjourned. 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  GREENE,  of  Brookfield,  presented  the  Petition  of  J.  G.  Forman 
and  one  hundred  and  one  others,  of  Nantucket  and  Dukes  Counties, 
in  aid  of  the  Petition  of  Mrs.  Alcott,  that  women  may  be  permitted  to 
vote  on  the  proposed  amendments  of  the  Constitution. 

Referred  to  the  Committee  on  the  Qualifications  of  Voters. 

Mr.  ADAMS,  of  Lowell,  offered  an  Order,  providing  that  hereafter  no 
member  shall  speak  more  than  one  hour  on  any  question  either  in 
Committee  of  the  Whole  or  in  Convention,  without  leave. 

Laid  over,  under  the  rule 


1853.]  JOURNAL    OF    THE    CONVENTION.  143 

The  PRESIDENT  appointed  the  following  gentlemen  as  the  com 
mittee  under  the  Order  offered  by  Mr.  Boutwell,  member  for  Berlin, 
providing  for  the  appointment  of  a  committee  to  reduce  the  amend 
ments  of  the  Constitution  to  the  form  in  which  it  will  be  proper 
to  submit  the  same  to  the  people  for  ratification,  viz.  : — 

Messrs.  Boutwell,  member  for  Berlin,  Allen,  of  Worcester,  Choate, 
of  Boston,  Hallett,  member  for  "Wilbraham,  Morton,  of  Taunton, 
Abbott,  of  Lowell,  Briggs,  of  Pittsfield,  Dana,  member  for  Man 
chester,  Griswold,  member  for  Erving,  Parker,  of  Cambridge,  Lord,  of 
Salem,  Oliver,  of  Lawrence,  and  Knowlton,  of  Worcester. 

On  motion  of  Mr.  STETSON,  of  Braintree,  the  Orders  of  the  Day 
were  taken  up  ;  the  first  subject  being  the  Resolve  on  the  subject  of 
the  militia. 

The  motion  of  Mr.  Dana,  member  for  Manchester,  to  recommit  the 
Resolve  to  the  standing  committee,  was  rejected. 

The  amendment  offered  by  Mr.  Hathaway,  of  Freetown,  in  the 
morning  session,  was  adopted. 

The  Resolve  was  further  amended,  on  motion  of  Mr.  HATHAWAY, 
as  follows : — 

In  the  eleventh  of  the  proposed  articles,  by  striking  from  the  third 
line,  (printed  copy,)  the  words  "  the  legislature,"  and  inserting  instead 
thereof  the  word  "  law." 

In  the  thirteenth  article,  by  striking  from  the  last  line  the  words 
"  the  legislature  may  prescribe,"  and  inserting  instead  thereof  the 
words  "  may  be  prescribed  by  law." 

In  the  fifteenth  article,  by  striking  from  the  fourth  line  the  words 
"  the  legislature  may  by  law  prescribe,"  and  inserting  instead  thereof 
the  words  "  may  be  by  law  prescribed." 

Mr.  CHURCHILL,  of  Milton,  moved  the  Previous  Question,  which 
was  ordered  ; 

And  the  Resolves  were  finally  passed,  by  a  vote  of  one  hundred 
and  seventy-three  in  the  affirmative,  and  thirty-five  in  the  negative, 
as  follows : — 

Resolved,  That  the  following  be  adopted  as  part  of  the  Constitution 
relating  to  the  militia. 

1.  All  citizens  of  this   Commonwealth,  liable  to  military  service, 
except  such  as  may  by  law  be  exempted,  shall  be  enrolled   in  the 
militia,  and  held  to  perform  such  military  duty  as  by  law  may  be 
required. 

2.  The  militia  shall  be  divided  into  convenient  divisions,  brigades, 
regiments,  squadrons,  battalions  and  companies,  and  officers  of  appro 
priate  rank  and  titles  shall  be  elected  to  command  them ;  and  said 


144  JOURNAL    OF    THE    CONVENTION.  [June  22d, 

militia  shall  be  made  to  conform,  as  nearly  as  practicable,  to  the  dis 
cipline  of  the  army  of  the  United  States. 

3.  The  captains  and  subalterns  of  the  militia  shall  be  elected  by  a 
majority  of  the  written  votes  of  the  members  present  and  voting,  of 
the  respective  companies,  at  a  meeting  legally  convened  therefor. 

4.  The  field-officers  of  regiments,  squadrons,  and  battalions,  shall 
be  elected  by  a  majority  of  the  written  votes  of  the  captains  and 
subalterns  present  and   voting,  of  the  companies   of  the  respective 
regiments,  squadrons  and  battalions,  at  a  meeting  legally  convened 
therefor. 

5.  The  brigadier-generals   shall  be   elected  by  a  majority  of  the 
written  votes  of  the  field-officers  and  captains  of  companies  present 
and  voting,  of  the  regiments,  squadrons  and  battalions  of  the  respec 
tive  brigades,  at  a  meeting  legally  convened  therefor. 

6.  The  major-generals  shall  be  elected  by  a  majority  of  the  written 
votes  of  the  brigadier-generals  and  field-officers,  present  and  voting,  of 
the  brigades,  regiments,  squadrons  and  battalions  of  the  respective 
divisions,  at  a  meeting  legally  convened  therefor. 

7.  The  governor  shall  be  the  commander-in-chief  of  the  army  and 
navy  of  the  State,  and  of  the  militia  thereof,  excepting  when  these 
forces  shall  be  actually  in  the  service  of  the  United  States ;  and  shall 
have  power  to  call  out  the  same  to  aid  in  the  execution  of  the  laws, 
to  suppress  insurrection,  and  to  repel  invasion. 

8.  In  all  elections  of  military  officers,  no  person  entitled  to  vote  as 
hereinbefore  provided,  shall  be  disqualified   by  reason  of  his   being 
under  twenty-one  years  of  age. 

9.  If  the  electors  of  the  several  officers  of  the  militia,  hereinbefore 
named,  shall  refuse  or  neglect,  for  the  space  of  three  months  after 
having  been  legally  notified,  to  make  elections,  the  governor  shall 
appoint  suitable  persons  to  fill  the  vacant  offices,  advising  with  the 
Council,  if  the  vacancy  be  that  of  a  major-general ;  and  with  the 
major-general  of  the  division  in  which  the  appointment  is  to  be  made, 
if  the  vacancy  be  of  an  officer  of  inferior  grade. 

10.  The   governor    shall    appoint   and   commission  for   one    year, 
or  until  their  successors   shall  be  commissioned  and  qualified,  the 
adjutant-general,  the  quartermaster-general,  and  such  other  general 
staff  officers  as  shall  be  provided  for  by  law.     The  major-generals,  and 
brigadier-generals,  ^and  commandants  of  regiments,  squadrons,  and 
battalions,    shall   severally  appoint   such    star!  officers    as    shall   be 
provided  for  by  law  for  their  respective  commands. 

11.  The    salary   of    the    adjutant-general,    of    the   quartermaster- 
general,  and  of  such  other  general  staff  officers  as  may  be  provided 


1853.] 


JOURNAL    OF    THE    CONVENTION.  145 


for  by  law,  shall  be  fixed  by  law,  and  shall  be  in  full  for  all  services 
rendered  by  them  in  their  several  offices. 

12.  The  several  officers  elective,  hereinbefore  named,  shall  be  com 
missioned  by  the  governor  for  the  term  of  three  years  from  the  date  of 
their  commissions,  and  until  their  successors  shall  have  been  commis 
sioned  and  qualified. 

13.  All  non-commissioned  officers,  whether  of  staff  or  company, 
and  all  musicians,  shall  be  appointed  and  warranted  in  such  manner 
as  may  be  prescribed  by  law. 

14.  The  legislature  shall  prescribe  the  time  and  manner  of  con 
vening  the  electors  hereinbefore  named,  of  conducting  the  elections, 
and  of  certifying  to  the  governor  the  officers  elect. 

15.  All  officers  commissioned  or  appointed  to  command  in  the 
militia,  as  well  as  all  staff  officers  and  musicians,  may  be  removed 
from  office  by  trial  by  court  martial,  or  by  such  other  modes  as  may 
be  by  law  prescribed. 

The  Resolves  on  the  subject  of  the  Council,  were,  on  motion  of 
Mr.  BOUTWELL,  member  for  Berlin, 

Laid  upon  the  table. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Committee  of  the  Whole 
was  discharged  from  the  consideration  of  the  Report,  inexpedient  to. 
act  upon  the  subject  of  an  Order  concerning  the  governor's  command 
of  the  militia. 

And  the  Report  was  recommitted  to  the  Standing  Committee  on 
the  Governor. 

Mr.  WILSON  offered  the  following  Resolution,  which  was  referred 
to  the  same  committee. 

Resolved,  That  it  is  expedient  to  alter  the  Constitution  of  the 
Commonwealth  by  striking  out  the  whole  of  article  7  of  section  1, 
chapter  2. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  Report  of  the  Special  Committee,  inexpedient  to  act 
upon  the  subject  of  loaning  the  credit  of  the  State,  and  the  President 
requested  Mr.  Boutwell,  member  for  Berlin,  to  take  the  chair. 

Afterwards,  Mr.  BOUTWELL  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no 
conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

Mr.  WATERS,  of  Millbury,  moved  an  adjournment,  but  the  motion 
10 


146  JOURNAL    OF   THE    CONVENTION.  [June  23d, 

was  rejected  by  a  vote  of  eighty-one  in  the  affirmative,  to  ninety  in 
the  negative. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report,  inexpedient  to  act  upon  the  subject  of  an  Order  of  May 
31st,  concerning  the  election  of  senators  in  the  congress  of  the  United 
States  by  joint  ballot  of  the  two  Houses  of  the  legislature,  and  the 
President  requested  Mr.  Cushman,  of  Bernardston,  to  take  the  chair. 

Afterwards,  Mr.  CUSHMAN  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  reported  by  the  Committee  on  the  Qualifications  of 
Voters,  on  the  subject  of  the  loss  of  residence  by  voters,  and  the 
President  requested  Mr.  Briggs,  of  Pittsfield,  to  take  the  chair. 

Afterwards,  Mr.  BRIGGS  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no 
conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  a  quarter  past  six  o'clock,  on  motion  of  Mr.  DUNCAN,  of  Wil- 
b'amstown, 

The  Convention  adjourned. 


THURSDAY,  June  23,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap* 
lain.  The  Journal  of  yesterday  was  read. 

The  Order  offered  yesterday  by  Mr.  Adams,  of  Lowell,  and  laid 
over,  was  taken  up  and  adopted,  by  a  vote  of  one  hundred  and  four 
teen  in  the  affirmative  to  forty  in  the  negative. 

Mr.  BRIGGS,  of  Pittsfield,  from  the  Committee  on  the  Encourage 
ment  of  Literature,  having  under  consideration  an  Order  concerning 
the  propriety  of  requiring  that  voters  shall  be  able  to  read  the  Consti 
tution  in  the  English  language,  submitted  a  Report,  asking  to  be 
discharged  from  the  consideration  of  the  Order,  and  recommending 
that  it  be  referred  to  the  Committee  on  the  Qualifications  of  Voters. 

The  Report  was  accepted,  and  the  Order  so  referred. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 


1853.] 


JOURNAL    OF    THE    CONVENTION.  147 


the  Resolve  reported  by  the  Special  Committee  on  the  subject  of 
general  laws  for  corporations,  and  the  President  requested  Mr.  Sum- 
ner,  member  for  Otis,  to  take  the  chair. 

Afterwards,  Mr.  SUMNER  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no  con 
clusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

On  motion-  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  House  of  Representatives,  and  the 
President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  twenty  minutes  before  one  o'clock,  on  motion  of  Mr.  BREED,  of 
Lynn, 

The  Convention  adjourned. 

AFTERNOON    SESSION. 

Met  according  to  adjournment 

On  motion  of  Mr.  EARLE,  of  Worcester, 

Ordered^  That  the  Committee  on  the  Secretary,  Treasurer,  &c., 
consider  the  expediency  of  a  constitutional  provision  for  the  limitation 
of  the  terms  of  service  of  justices  and  clerks  of  police  courts,  and 
for  their  election  by  the  voters  of  the  towns  or  cities  respectively  in 
which  they  may  be  located. 

On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Secretary  of  the  Commonwealth  be  requested 
to  furnish  a  list  of  the  justices  of  the  supreme  court,  and  alsb  of 
the  court  of  common  pleas,  since  the  adoption  of  the  Constitution, 
specifying  in  each  case  the  time  of  the  appointment,  the  length  of 
the  time  in  office,  and  whether  the  incumbent  resigned  or  died  in 
office. 

Mr.  WALKER,  of  North  Brookfield,  from  the  Corrfmittee  on  the 
Qualifications  of  Voters,  submitted  a  Report,  inexpedient  to  act  upon 
the  subject  of  an  Order  providing  that  voters  shall  have  the  ability  to 
read  and  write,  and  an  Order  concerning  the  forfeiture  of  the  right  to 
vote  in  case  of  voluntary  neglect 


148  JOURNAL    OF    THE    CONTENTION.  [June  24th, 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  GARDNER,  of  Seekonk,  and  Mr.  HUNTINGTON,  of  Northampton, 
severally  submitted  Resolves  containing  each  a  plan  of  representation 
in  the  House  of  Representatives. 

Referred  to  the  Committee  of  the  Whole  having  that  subject  in 
charge,  and  ordered  to  be  printed. 

Mr.  SCHOULER,  of  Boston,  submitted  a  Resolve  on  the  same  subject. 

Referred  to  the  same  committee  and  ordered  to  be  printed. 

On  motion  of  Mr.  KNOWLTON,  of  Worcester,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con 
sidering  the  Resolves  on  the  subject  of  the  House  of  Representatives, 
and  the  President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

An  amendment  to  the  Resolves  on  the  subject  of  the  House  of 
Representatives,  submitted  in  Committee  of  the  Whole  by  Mr.  But 
ler,  of  Lowell,  was  ordered  to  be  printed. 

At  six  o'clock,  on  motion  of  Mr.  BRIGGS,  of  Pittsfield, 

The  Convention  adjourned. 


FRIDAY,  June  24,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  HOUGIITON,  of  Sterling,  offered  the  following  Order: — 

Ordered,  That  the  pay  roll  for  travel  and  attendance  of  members 
be  made  up  and  paid,  and  that  the  Convention  adjourn  to  meet  again 
on  the  second  Tuesday  of  September  next,  at  ten  o'clock,  A.  M.,  and 
no  member  shall  be  entitled  to  be  paid  for  more  than  one  travel,  during 
the  whole  term  of  the  Convention. 

Laid  over,  under  the  rule. 

Mr.  FAY,  of  Southborough,  from  the  Committee  on  Leave  of 
Absence,  submitted  a  Report  granting  leave  of  absence  to  Mr.  Train, 
of  Framingham,  for  two  weeks,  and  to  Mr.  Hoyt,  of  Beerfield,  for 
four  days. 

The  Report  was  accepted,  and  leave  of  absence  granted. 


1853.]  JOURNAL   OF    THE    CONVENTION.  149 

Mr.  EARLE,  of  Worcester,  presented  a  plan  of  representation  in 
the  House  of  Representatives. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

On  motion  of  Mr.  BREED,  of  Lynn,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolves  on  the  subject  of  the  House  of  Representatives ;  and  in  the 
absence  of  Mr.  Wilson,  of  Natick,  the  President  requested  Mr. 
Walker,  of  North  Brookfield,  to  take  the  chair. 

Afterwards,  Mr.  WILSON,  who  had  resumed  his  place  as  chairman 
of  the  committee,  reported,  that  the  committee  had  made  further 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no  con 
clusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

A  plan  of  representation  in  the  House  of  Representatives,  sub 
mitted  in  Committee  of  the  Whole  by  Mr.  Stetson,  of  Braintree, 
was  ordered  to  be  printed. 

At  one  o'clock,  the  Convention  adjourned. 

AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  HURLBUT,  of  Sudbury,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  House  of  Representatives,  and  the 
President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  a  quarter  past  six  o'clock,  on  motion  of  Mr.  KNIGHT,  of  Peru, 

The  Convention  adjourned. 


SATURDAY,  June  25,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  STEVENS,  of  Gloucester, 

Ordered,  That  the  Committee  on  the  House  of  Representatives  be 
requested  to  consider  the  expediency  of  so  modifying  article  3  of 


150  JOURNAL   OF   THE    CONVENTION.  [June  25th, 

section  3,  chapter  1,  of  the  Constitution,  that  towns  and  districts 
may  have  the  right  to  be  represented  by  any  citizens  of  the  Common 
wealth. 

Mr.  CHAPIN,  of  Springfield,  and  Mr.  THOMPSON,  of  Charlestown, 
severally  offered  Resolves,  containing  each  a  plan  of  representation  in 
the  House  of  Representatives. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  KNOWLTON,  of  Worcester,  from  the  Committee  on  the  Univer 
sity  at  Cambridge,  submitted  a  Report  and  Resolutions  on  that 
subject. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

The  Order  offered  yesterday  by  Mr.  Houghton,  of  Sterling,  provid 
ing  for  an  adjournment  until  September,  was  taken  up  for  considera 
tion. 

Mr.  HOUGHTON  moved  that  the  consideration  of  the  subject  be 
postponed  until  Wednesday  next,  at  eleven  o'clock. 

Mr.  EAMES,  of  Washington,  moved  that  the  motion  be  laid  upon 
the  table. 

The  motion  of  Mr.  Eames  was  rejected,  and, 

The  Previous  Question  having  been  moved,  by  Mr.  ADAMS,  of 
Lowell,  and  ordered  by  the  Convention, 

The  Order  was  rejected,  by  a  vote  of  thirteen  in  the  affirmative  to 
one  hundred  and  fifty-four  in  the  negative. 

Mr.  WHEELER,  of  Lincoln,  moved  that  when  the  Convention  ad 
journ,  it  adjourn  to  meet  on  Monday,  at  ten  o'clock. 

Mr.  EAMES,  of  Washington,  moved  to  amend  by  substituting  the 
hour  of  nine. 

The  amendment  was  adopted ;  but  the  vote  was  afterwards  recon 
sidered,  and  the  amendment  was  rejected. 

The  motion  of  Mr.  Wheeler  was  then  agreed  to. 

On  motion  of  Mr.  EARLE,  of  Worcester, 

Ordered,  That  the  rule  requiring  an  adjournment  of  the  forenoon 
sessions  at  one  o'clock,  be  rescinded  for  this  day. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston,  the  Convention  re 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con 
sidering  the  Resolves  on  the  subject  of  the  House  of  Representatives; 
and  the  President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 


1853.] 


JOURNAL    OF   THE    CONVENTION.  151 


Mr.  BUTLER,  of  Lowell,  moved  that  in  Committee  of  the  Whole 
on  the  subject  of  the  House  of  Representatives,  debate  shall  cease  on 
the  various  propositions,  at  eleven  o'clock  on  Tuesday  next. 

But  the  motion  was  rejected  by  a  vote  of  seventy-two  in  the  affirm 
ative  to  one  hundred  and  four  in  the  negative. 

Mr.  BEACH,  of  Springfield,  moved  that  the  Committee  of  the  Whole 
having  in  charge  the  subject  of  the  House  of  Representatives,  be  dis 
charged  from  its  further  consideration. 

Mr.  THOMPSON,  of  Charlestown,  moved  to  lay  this  motion  upon  the 
table. 

Pending  this  question, 

At  half  past  one  o'clock,  on  motion  of  Mr.  WHITE,  of  Quincy, 

The  Convention  adjourned. 


MONDAY,  June  27,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  Saturday  was  read. 

Mr.  THOMPSON,  of  Charlestown,  presented  a  paper  containing  a 
table  designed  to  accompany  the  Resolve  offered  by  him  on  the  sub 
ject  of  the  House  of  Representatives. 

Ordered  to  be  printed. 

Mr.  EAMES,  of  Washington,  presented  the  Petition  of  Josiah  Fran 
cis  and  one  hundred  and  ten  others,  citizens  of  Pittsfield,  in  aid  of 
town  representation. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston, 

Ordered,  That  the  Committee  on  the  Pay  Roll  be  requested  to 
report  a  Resolve  for  the  payment  of  the  Chaplain,  and  other  officers 
of  the  Convention. 

Mr.  HALL,  of  Haverhill,  from  the  Committee  on  the  Secretary, 
Treasurer,  &c.,  submitted  a  request  for  further  time  for  the  consider 
ation  of  the  subject  of  electing  justices  of  the  peace  by  the  people. 

The  request  was  considered,  and  further  time  granted. 

The  same  gentleman,  from  the  same  committee,  submitted  a  Report 
and  Resolve,  inexpedient  to  amend  the  Constitution  so  as  to  require 
that  every  person  holding  an  office  in  or  under  the  State  government, 
shall  retire  therefrom  at  the  expiration  of  six  years'  service. 


152  JOURNAL   OF   THE    CONVENTION.  [June  27th, 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

On  motion  of  Mr.  LIVERMORE,  of  Cambridge,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day  ;  the  first  subject 
being  the  motion  of  Mr.  Beach,  of  Springfield,  that  the  Committee  of 
the  Whole  on  the  House  of  Representatives  be  discharged  from  the 
further  consideration  of  that  subject. 

The  motion  of  Mr.  Thompson,  that  the  proposition  of  Mr.  Beach 
be  laid  upon  the  table,  was  agreed  to. 

On  motion  of  Mr.  HALL,  of  Haverhill,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Report  of  the  Committee  on  the  Militia,  inexpedient  to  act  upon  the 
subject  of  an  Order  of  June  15th,  providing  for  the  registration  of 
citizens  as  a  police  force ;  and  the  President  requested  Mr.  Hunting- 
ton,  of  Northampton,  to  take  the  chair. 

Afterwards,  Mr.  HUNTINGTON  reported,  that  it  was  the  opinion  of 
the  committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Qualifications  of  Voters,  inexpe 
dient  to  act  upon  the  subject  of  an  Order  of  May  30th,  concerning 
the  expediency  of  requiring,  that  ability  to  read  and  write  shall  be  a 
requisite  for  the  exercise  of  the  elective  franchise,  and  of  the  forfeiture 
of  the  right  to  vote  in  case  of  voluntary  neglect  to  exercise  that  right, 
and  the  President  requested  Mr.  Griswold,  member  for  Erving,  fo  take 
the  chair. 

Afterwards,  Mr.  GRISWOLD  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolve  reported  by  the  Committee  on  the  Qualifications  of 
Voters,  on  the  subject  of  a  voting  list  or  registry,  and  the  President 
requested  Mr.  Stetson,  of  Braintree,  to  take  the  chair. 

Afterwards,  Mr.  STETSON  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Resolve  ought  to  pass. 

And  it  was  accordingly  ordered  to  a  second  reading. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston,  the  Convention  re 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  consid 
ering  the  Resolves  reported  by  the  Special  Committee  on  the  subject 
of  a  general  constitutional  provision  for  the  government  of  corpora 
tions,  and  in  the  absence  of  Mr.  Sumner,  member  for  Otis,  the 


1853.]  JOURNAL  OF   THE   CONVENTION.  153 

President  requested  Mr.  Keyes,  member  for  Abington,  to  take  the 
chair. 

Afterwards,  Mr.  KEYES  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no 
conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  one  o'clock,  on  motion  of  Mr.  WHITNEY,  of  Conway, 

The  Convention  adjourned. 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  ALLEN,  of  Worcester,  from  the  Committee  on  the  Frame  of 
Government,  submitted  a  Report  and  Resolve  on  the  subject  of  taking 
the  census  of  the  State  in  the  year  1855,  and  every  tenth  year  there 
after. 

Also,  a  Report,  inexpedient  to  act  on  the  subject  of  remuneration 
to  persons  tried  for  offences  against  the  State,  and  acquitted. 

Also,  a  Report,  inexpedient  to  act  on  the  subject  of  an  Order  of 
June  3d,  on  the  expediency  of  securing  to  women,  by  constitutional 
provision,  their  property  acquired  by  devise,  inheritance,  or  otherwise. 

Also,  a  Report,  inexpedient  to  act  on  the  subject  of  an  Order  of 
May  17th,  respecting  the  reference,  by  the  legislature  to  the  people, 
of  legislative  acts,  for  approval  or  rejection. 

Also,  a  Report,  inexpedient  to  act  upon  the  subject  of  the  Petition 
of  Silas  Lamson  and  others. 

Mr.  MORTON,  of  Taunton,  from  the  Committee  on  the  Judiciary 
Power,  submitted  a  Report,  inexpedient  to  act  upon  the  subject  of  an 
Order  of  June  6th,  relating  to  granting  the  subject  "  a  certain  remedy 
in  law,  prompt  and  without  delay ;"  and  on  an  Order  of  June  6th, 
relating  to  the  codification  of  the  laws. 

Mr.  BUTLER,  of  Lowell,  from  the  Special  Committee  on  Elections 
by  Plurality,  submitted  a  Report  on  that  subject. 

Mr.  BUTLER,  of  Lowell,  from  the  Committee  on  Oaths  and  Sub 
scriptions,  submitted  a  Report  and  Resolves  on  that  subject. 

Also,  a  Resolve  on  the  subject  of  the  incompatibility  of  offices. 

Also,  a  Resolve  on  the  subject  of  the  enacting  style. 

Also,  a  Resolve,  inexpedient  to  act  on  the  subject  of  a  constitution 
al  provision  relative  to  exempting  a  certain  amount  of  property  on 
mesne  process. 

Also,  a  Resolve,  inexpedient  to  act  on  the  subject  of  an   Order 


154  JOURNAL   OF   THE    CONVENTION.  [June  27th, 

concerning  the  propriety  of  exempting  certain  persons  from  taking 
the  oath  or  affirmation  ordinarily  required. 

Also,  a  Resolve,  inexpedient  to  act  on  the  subject  of  an  Order  con 
cerning  the  election  of  officers  of  banks  to  office. 

Mr.  NAYSON,  of  Amesbury,  from  the  Committee  on  Amendments 
of  the  Constitution  and  Enrolment,  submitted  a  Report  and  Resolves 
on  the  subject  of  future  amendments  of  the  Constitution. 

These  Reports  and  Resolves  were  severally  referred  to  the  Com 
mittee  of  the  Whole,  and  ordered  to  be  printed. 

Mr.  BUTLER,  of  Lowell,  presented  a  paper,  containing  a  table 
designed  to  accompany  his  plan  of  representation,  which  was  ordered 
to  be  printed. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Committee  on  the 
Frame  of  Government  were  granted  further  time  to  enable  them  to 
report  on  the  subjects  remaining  in  their  hands. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  House  of  Representatives,  and 
the  President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come 
to  no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

On  motion  of  Mr.  KEYES,  member  for  Abington,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  Resolves  reported  by  a  Special  Committee,  in  favor 
of  a  constitutional  provision  for  the  creation  of  corporations,  and  the 
President  requested  Mr.  Keyes,  member  for  Abington,  to  take  the  chair. 

Afterwards,  Mr.  KEYES  reported  the  Resolve  to  the  Convention, 
with  the  following  amendment : — 

Striking  out  all  after  the  word  "  laws,"  in  the  third  line,  and  insert 
ing  instead  thereof,  the  words,  "  in  all  cases  when  the  object  of  such 
corporation  is  attainable  under  the  same,  and  where  provision  is  thus 
made  by  general  laws,  no  corporation  shall  be  formed  by  special  act." 

The  amendment  was  agreed  to. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  yeas  and  nays  were 
ordered  on  the  question  of  passing  the  Resolve  to  a  second  reading. 

Afterwards,  on  motion  of  Mr.  WHITNEY,  of  Conway,  the  vote 
ordering  the  yeas  and  nays  was  reconsidered ;  and 

On  motion  of  Mr.  BUTLER,  the  further  consideration  of  the  subject 
was  postponed  until  to-morrow. 

Mr.  DAVIS,  of  Worcester,  offered  the  following  Resolution,  as  a 


1853.]  JOURNAL   OF   THE    CONVENTION.  155 

substitute  for  the  one  just  previously  under  consideration,  and  it  was 
ordered  to  be  printed,  as  follows : — 

Resolved,  That  it  is  expedient  to  incorporate  into  the  Constitution 
a  provision,  that  corporations  shall  not  be  created  by  special  act  when 
the  object  of  the  incorporation  shall  be  attainable  under  general  laws. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  reported  by  the  Committee  on  the  Qualifications  of 
Voters,  viz. :  1st,  that  the  Constitution  be  so  amended  as  to  provide, 
that  no  person  shall  be  deemed  to  have  lost  his  residence  in  this 
Commonwealth,  by  reason  of  his  absence  while  on  the  business  of 
this  State,  or  of  the  United  States ;  and  2d,  that  no  idiot  or  insane 
person,  or  person  convicted  of  a  felony,  unless  pardoned  and  restored 
to  the  right  of  suffrage,  shall  be  entitled  to  vote  in  any  election,  and 
the  President  requested  Mr.  Frothingham,  of  Charlestown,  to  take 
the  chair. 

Afterwards,  Mr.  FROTHINGHAM  reported,  that  it  was  the  opinion  of 
the  committee  that  the  Resolves  ought  not  to  pass. 

A  division  of  the  question  was  called  for,  and  the  question  being 
taken  upon  the  first  resolution,  it  was  rejected. 

Mr.  HATHAWAY,  of  Freetown,  moved  that  the  second  resolution  be 
amended,  by  striking  out  the  words  "  idiot  or  insane  person,"  and 
inserting  instead  thereof,  the  words,  "  pauper  or  person  under  guar 
dianship  ;"  but  afterwards  withdrew  the  amendment. 

A  motion  to  postpone  the  subject  until  to-morrow,  was  also  made, 
but  withdrawn ;  and 

The  Previous  Question  having  been  moved  by  Mr.  WEEKS,  of 
Harwich,  and  ordered  by  the  Convention, 

The  second  Resolution  was  also  rejected. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Special  Committee,  inexpedient  to  act  upon  the 
subject  of  loaning  the  credit  of  the  State,  and  the  President  requested 
Mr.  Boutwell,  member  for  Berlin,  to  take  the  chair. 

Afterwards,  Mr.  BOUTWELL  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  ten  minutes  past  six  o'clock,  on  motion  of  Mr.  UNDERWOOD,  of 
Milford, 

The  Convention  adjourned. 


156  JOURNAL   OF   THE    CONVENTION.  [June  28th, 


TUESDAY,  June  28,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  GREENE,  of  Brookfield,  presented  the  Petitions  of  Betsey  T. 
Heywood  and  ninety-two  others,  women  of  Milford,  and  Abby  H. 
Price  and  forty-five  others,  women  of  Hopedale,  in  aid  of  the  Petition 
of  Mrs.  Alcott,  that  women  may  be  permitted  to  vote  on  the  proposed 
alterations  of  the  Constitution. 

Referred  to  the  Committee  on  the  Qualifications  of  Voters. 

Mr.  DAVIS,  of  Worcester,  from  the  Committee  on  the  subject  of 
the  Governor,  submitted  a  Report  and  Resolve,  in  favor  of  amending 
the  Constitution  by  striking  out  the  whole  of  article  7,  in  section 
1,  chapter  2. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

On  motion  of  Mr.  WALKER,  of  North  Brookfield,  the  Convention 
proceeded  to  the  consideration  of  the  Orders  of  the  Day. 

The  Resolve  on  the  subject  of  a  voting  list  was  read  a  second 
time,  and  finally  passed,  as  follows  : — 

Resolved,  That  the  Constitution  be  so  amended,  as  to  require  a 
voting  list  or  registry,  and  to  protect  presiding  officers  in  adhering 
thereto. 

The  second  subject  in  the  Orders  of  the  Day,  viz.:  the  Resolve  on 
the  subject  of  general  laws  for  corporations,  was  passed  over. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report,  inexpedient  to  act  on  the  subject  of  loaning  the  credit  of 
the  State,  and  the  President  requested  Mr.  Boutwell,  member  for 
Berlin,  to  take  the  chair. 

Afterwards,  Mr.  BOUTWELL  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

Mr.  MORTON,  of  Taunton,  offered  the  following  Resolution : — 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  the  Report  of  the  Committee,  and  that 
the  same  be  recommitted,  with  instructions  to  report  a  Resolve  limit 
ing  the  power  of  the  legislature  to  create  debt  and  incur  liabilities  on 
behalf  of  the  State.  4 

At  one  o'clock,  the  Convention  adjourned. 


1853.] 


JOURNAL    OF    THE    CONVENTION.  157 


AFTERNOON    SESSION. 


Met  according  to  adjournment. 

Mr.  MORTON,  of  Taunton,  modified  his  Resolution  offered  in  the 
morning  session,  so  as  to  read  as  follows : — 

Resolved,  That  the  Committee  of  the  Whole  to  whom  was  referred 
the  Report  of  the  Committee  on  the  State  Credit,  be  discharged  from 
the  further  consideration  of  that  subject,  and  that  the  same  be  referred 
to  a  select  committee,  with  instructions  to  report  a  Resolve  limiting 
the  power  of  the  legislature  to  incur  debts  and  create  liabilities  in 
behalf  of  the  State. 

On  motion  of  Mr.  WHITNEY,  of  Boylston,  sustained  by  a  vote  of 
one  hundred  and  four  in  the  affirmative  to  fifty-one  in  the  negative, 

The  Resolution  was  laid  upon  the  table. 

The  Orders  of  the  Day  were  then  laid  upon  the  table,  and 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolves  on  the  subject  of  the  House  of  Representatives,  and  the 
President  requested  Mr.  Wilson,  of  Natick,  to  take  the  chair. 

Afterwards,  Mr.  WILSON  reported  the  Resolves  to  the  Convention, 
with  an  amendment,  as  follows : — 

Striking  out  all  after  the  word  "  Resolved,"  and  substituting  there 
for,  the  following,  viz. : — 

That  the  Constitution  be  so  revised  and  altered,  that  the  represen 
tation  of  the  Commonwealth  be  apportioned  as  follows : — 

Every  town  of  a  less  number  than  one  thousand  inhabitants,  shall 
be  entitled  to  five  representatives,  in  each  ten  years,  with  an  addi 
tional  representative  for  the  year  when  the  valuation  of  estates  shall 
be  settled. 

Any  two  of  such  towns  may,  by  a  vote  of  a  major  part  of  the  legal 
voters  of  each,  at  legal  meetings  thereof,  unite  together  in  a  district, 
which  shall  be  entitled  to  a  representative  each  year,  and  which  shall 
continue  for  a  period  of  not  less  than  five  years,  excepting  the  year 
in  which  the  valuation  of  estates  is  settled. 

Every  town  of  one  thousand  inhabitants,  and  of  less  than  four 
thousand,  shall  be  entitled  to  one  representative  each  year. 

Every  town  of  four  thousand  inhabitants,  and  of  less  than  eight 
thousand,  shall  be  entitled  to  two  representatives  cash  year. 

Every  town  of  eight  thousand  inhabitants,  and  of  less  than  twelve 
thousand,  shall  be  entitled  to  three  representatives  each  year. 


158  JOURNAL   OF   THE   CONVENTION.  [June  28th, 

Every  city  or  town  of  twelve  thousand  inhabitants,  shall  be  entitled 
to  four  representatives  each  year. 

Every  city  or  town  of  over  twelve  thousand  inhabitants,  shall  be 
entitled  to  as  many  additional  representatives  in  each  year  as  the 
number  of  times  five  thousand  may  be  contained  in  the  additional 
number  of  the  inhabitants  thereof. 

Resolved,  That  this  apportionment  be  based  upon  the  census  of 
1850,  until  a  new  census  be  taken. 

Resolved,  That  the  Senate,  at  its  first  session  after  this  Constitution 
shall  have  been  adopted,  and  at  its  first  session  after  the  next  State 
census  shall  have  been  taken,  and  at  its  first  session  next  after  each 
decennial  State  census  thereafterwards,  shall  apportion  the  number 
of  representatives  to  which  each  town  and  city  shall  be  entitled,  and 
shall  cause  the  same  to  be  seasonably  published ;  and  in  all  apportion 
ments  after  the  first,  the  numbers  which  shall  entitle  any  city  or  town 
to  two,  three,  four  or  more  representatives,  shall  be  so  adjusted,  in 
proportion,  as  hereinbefore  provided,  that  the  whole  number  of  repre 
sentatives,  exclusive  of  those  which  may  be  returned  by  towns  of  less 
than  one  thousand  inhabitants,  and  of  the  towns  which  shall  hereafter 
be  created  with  power  to  send  one  representative,  shall  never  exceed 
three  hundred  and  seventy. 

Resolved,  That  no  town  hereafter  be  incorporated  with  a  privilege 
of  representation  as  such,  containing  less  than  fifteen  hundred  inhab 
itants. 

Resolved,  That  each  city  in  this  Commonwealth  shall  be  divided, 
by  such  means  as  the  legislature  may  provide,  into  districts  of  con 
tiguous  territory,  as  nearly  equal  in  population  as  may  be,  for  the 
election  of  representatives,  which  districts  shall  not  be  changed  oftener 
than  once  in  five  years :  provided,  however,  that  no  one  district  shall 
be  entitled  to  elect  more  than  three  representatives. 

Mr.  HUNTINGTON,  of  Northampton,  moved  to  amend  the  amend 
ment  of  the  Committee  of  the  Whole,  by  striking  from  the  first 
paragraph  the  words  "  one  thousand,"  and  inserting  instead  thereof, 
the  words  "  twelve  hundred." 

And  also,  by  making  the  same  alteration  in  the  third  paragraph. 

And,  pending  the  question  upon  this  proposition, 

On  motion  of  Mr.  HUNTINGTON,  the  subject  was  postponed  until 
to-morrow. 

On  motion  of  Mr.  LIVERMORE,  of  Cambridge,  the  Resolve  reported 
by  the  Committee  on  the  Pay  Roll,  on  the  subject  of  the  compensa- 


1853.]  JOURNAL   OF   THE    CONVENTION.  159 

tion  of  the  members  of  the  Convention,  was  taken  from  the  table 
and  considered. 

On  motion  of  Mr.  LIVERMORE,  the  Resolve  was  amended  by  sub 
stituting  the  word  "  requested  "  for  the  word  "  authorized,"  in  the 
twelfth  line. 

On  motion  of  Mr.  MORTON,  of  Fairhaven,  the  Resolve  was  further 
amended,  by  striking  out  the  words,  "provided,  that  in  no  case  shall 
any  member  receive  more  than  two  hundred  dollars  for  attendance." 

Mr.  HOOD,  of  Lynn,  moved  further  to  amend  the  Resolve,  by  sub 
stituting  the  word  "  two  "  for  the  word  "  three,"  in  the  third  line. 

And  also  moved,  that  when  the  question  is  taken  upon  the  amend- 
ment>  it  be  taken  by  yeas  and  nays. 

But  one-fifth  of  the  members  not  voting  in  the  affirmative,  the  yeas 
and  nays  were  not  ordered. 

Afterwards,  Mr.  DANA,  member  for  Manchester,  again  moved  for 
the  yeas  and  nays  on  the  amendment,  and  they  were  ordered. 

Mr.  HOOD  then  withdrew  his  amendment, 

Which  was  renewed  by  Mr.  BIRD,  of  Walpole, 

And,  upon  his  motion,  the  yeas  and  nays  were  again  ordered. 

Mr.  THOMAS,  of  Wey mouth,  moved  an  adjournment ;  but  the  mo 
tion  was  rejected. 

The  roll  being  called,  fifty-four  members  voted  for  the  amendment, 
and  one  hundred  and  ninety -two  against  it. 

So  it  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 

Parsons  Allen,  Messrs.  Lyman  Fisk, 

John  B.  Alley,  James  M.  Freeman, 

D.  W.  Alvord,  Elbridge  Gates, 

Samuel  Ayres,  Wanton  C.  Gilbert, 

Moses  Bates,  Jr.,  Joel  Giles, 

William  Bennett,  Jr.,  Whiting  Griswold, 

Francis  W.  Bird,  Nathan  Hale, 

George  S.  Bout  well,  Seth  Hapgood, 

Sewell  Bout  well,  George  Hood, 

Hiram  N.  Breed,  Martin  Howard, 

Hammond  Brown,  Moses  C.  Hurlbut, 

Hiram  C.  Brown,  William  James, 

Rufus  Bullock,  William  P.  Marble, 

Benjamin  F.  Butler,  Simeon  Merritt, 

Chester  W.  Chapin,  Marcus  Morton,  Jr., 

Charles  E.  Cook,  Charles  Newman, 

George  W.  Crockett,  E.  Wing  Packer, 

F.  B.  Crowninshield,  Sylvanus  B.  Phinney, 

Henry  W.  Cushman,  Luther  Richards, 

Isaac  Davis,  Samuel  H.  Richardson, 

Elijah  S.  Denting,  John  W.  Simonds, 


160 


JOURNAL   OF   THE    CONVENTION. 


[June  28th, 


.  Samuel  W.  Spooner, 
William  Stevens, 
John  W.  Thomas, 
Orison  Underwood, 
Amasa  Walker, 
Samuel  Warner,  Jr., 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
James  B.  Allen, 
Josiah  Allis, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
George  Austin, 
Hillel  Baker, 
Alvah  Ballard, 
Alpheus  Bancroft, 
Joseph  Barrows, 
Russel  Bartlett, 
Erasmus  D.  Beach, 
John  Beal, 
Jacob  Bigelow, 
Gad  O.  Bliss, 
William  C.  Bliss, 
William  S.  Booth, 
William  J.  A.  Bradford, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Adolphus  F.  Brown, 
Joseph  Brownell, 
Patrick  Bryant, 
Cephas  C.  Bumpus, 
Anson  Burlingame, 
Henry  Cady, 
Timothy  W.  Carter, 
Isaac  Case, 
Amariah  Chandler, 
J.  McKean  Churchill, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
William  Cleverly, 
Nathaniel  Cogswell, 
Lansing  J.  Cole, 
Sumner  Cole, 
Ithamar  Conkey, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
Simeon  Crittenden, 


Gershom  B.  Weston, 
William  F.  Wheeler, 
James  S.  Whitney, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood. 


Joseph  W.  Cross, 
Wilber  Curtis, 
Richard  H.  Dana,  Jr., 
Ebenezer  Davis, 
Solomon  Davis, 
Gilman  Day, 
Hiram  S.  Denison, 
Augustus  Denton, 
Alexander  De  Witt, 
James  C.  Doane, 
Moses  Dorman, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
Peter  Easland, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Homer  Ely, 
Joseph  M.  Ely, 
Sullivan  Fay, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
Samuel  French, 
Luther  Gale, 
Washington  Gilbert, 
Jason  Goulding, 
John  C.  Gray, 
Jabez  Green, 
Josiah  W.  Griswold, 
B.  F.  Hallett, 
A.  B.  Hammond, 
Lyman  W.  Hapgood, 
Phineas  Harmon, 
George  Hayward, 
Charles  Heard, 
Ezra  Heath,  2d, 
Samuel  Henry, 
George  S.  Hillard, 
Edwin  Hobbs, 
Nathaniel  Holder, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


161 


Messrs.  Samuel  Houghton, 

Abraham  II.  Howland, 
William  J.  Hubbard, 
Charles  E.  Hunt, 
William  Hunt, 
Asahel  Huntington, 
Charles  P.  Huntington, 
George  H.  Huntington, 
Samuel  A.  Hurlburt, 
Benjamin  D.  Hyde, 
Samuel  Jackson, 
John  Jenkins, 
Samuel  H.  Jenks, 
John  Johnson, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
Isaac  Kendall, 
Edward  L.  Keyes, 
Joseph  Kingman, 
Hiram  Knight, 
Joseph  Knight, 
Charles  L.  Knowlton, 
William  H.  Knowlton, 
Otis  Little, 
Tristram  Littlefield, 
Isaac  Livermore, 
Justin  E.  Loomis, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
James  L,  Monroe, 
George  Morey, 
Elbridge  G.  Morton, 
William  S.  Morton, 
Hiram  Nash, 
William  Nichols, 
Daniel  Noyes, 
Andrew  T.  Nute, 
Nathan  Orcutt, 
Charles  Osgood, 
Benjamin  Paine, 
Henry  Paine, 
Adolphus  G.  Parker, 
Samuel  D.  Parker, 
Samuel  C.  Parsons, 
John  Partridge, 
John  Penniman, 
Daniel  A.  Perkins, 
11 


Messrs.  Charles  Phelps, 
Henry  Pierce, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
Silas  Rawson, 
Sampson  Reed, 
David  Rice, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
David  S.  Ross, 
James  C.  Royce, 
Chester  Sanderson, 
John  Sargent, 
Charles  Sherman, 
John  Sherril, 
Chester  Sikes, 
John  S.  Sleeper, 
Matthew  Smith, 
Melzar  Sprague, 
Caleb  Stetson, 
Charles  G.  Stevens, 
Granville  Stevens, 
Alfred  L.  Strong, 
Charles  Sumner, 
Alanson  Swain, 
Ralph  Taylor, 
Joseph  Thayer, 
Charles  Thompson, 
Edmund  P.  Tileston, 
Horatio  W.  TDton, 
Ephraim  Tower, 
David  Turner, 
David  P.  Turner, 
William  Tyler, 
Freeland  Wallis, 
Samuel  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Asa  H.  Waters, 
Cyrus  Weeks, 
Thomas  Wetmore, 
Benjamin  White, 
George  White, 
Joel  Wilder, 
Ezra  Wilkinson, 
J.  B.  Williams, 
Henry  Wilson, 
Milo  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Josiah  B.  Woods, 
Ezekiel  Wright. 


162  JOURNAL    OF    THE    CONVENTION.  [June  29th, 

Mr.  SPOONER,  of  Warwick,  moved  to  amend  by  substituting  two 
dollars  and  a  half  for  three  dollars  a  day,  but  the  motion  was  rejected. 

On  motion  of  Mr.  THOMPSON,  of  Charlestown,  the  yeas  and  nays 
had  been  ordered  upon  the  question  of  the  final  passage  of  the  Re 
solve  ;  but  no  objection  being  made, 

The  calling  of  the  roll  was  dispensed  with,  and  the  Resolve  was 
finally  passed,  as  follows  : — 

Resolved,  That  there  be  paid  out  of  the  treasury  of  this  Common 
wealth,  to  the  members  of  this  Convention,  respectively,  three  dollars 
for  each  and  every  day's  attendance,  and  two  dollars  for  every  ten 
miles'  travel  from  their  respective  places  of  abode,  once  during  the 
session ;  and  to  the  President  three  dollars  a  day,  in  addition  to  his 
pay  as  a  member;  and  the  governor  is  hereby  requested  to  draw  his 
warrant  accordingly,  on  the  treasurer,  on  an  order  of  this  Convention. 

At  half  past  six  o'clock,  on  motion  of  Mr.  FAY,  of  Southborough, 
The  Convention  adjourned. 


WEDNESDAY,  June  29,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  BATES,  of  Plymouth,  from  the  Committee  on  the  subject  of 
reporting  and  publishing  the  Debates  and  Proceedings  of  the  Conven 
tion,  submitted  the  following  Resolution,  which  was  adopted : — 

Resolved,  That  there  be  paid  to  Harvey  Fowler,  the  official  Re 
porter  of  this  Convention,  the  sum  of  $1,000  dollars,  in  part  payment 
for  his  services,  and  that  the  governor  of  the  Commonwealth  be 
requested  to  draw  his  warrant  on  the  treasury  for  the  same. 

On  motion  of  Mr.  BREED,  of  Lynn,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolve  upon  the  basis  of  the  House  of 
Representatives,  with  the  amendment  proposed  by  the  Committee  of 
the  Whole ; 

The  pending  question  being  upon  the  amendment  to  the  amend 
ment,  moved  yesterday  by  Mr.  Huntington,  of  Northampton. 

After  debate,  Mr.  Huntington  withdrew  his  amendment. 


1853.]  JOURNAL    OF    THE    CONVENTION.  163 

Mr.  FRENCH,  of  New  Bedford,  moved  that  the  whole  subject  be 
committed  to  a  select  committee  of  one  from  each  congressional  dis 
trict. 

Pending  this  question,  at  one  o'clock, 

The  Convention  adjourned. 


AFTERNOON   SESSION, 

Met  according  to  adjournment. 

On  motion  of  Mr.  WHEELER,  of  Lincoln,  a  paper  read  by  Mr.  Giles, 
of  Boston,  containing  a  list  of  towns  unrepresented  during  the  last 
thirteen  years,  was  ordered  to  be  printed. 

On  motion  of  Mr.  UNDERWOOD,  of  Milford,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day ;  the  first  sub 
ject  being  the  unfinished  business  of  the  morning  session,  and  the 
pending  question  being  the  motion  of  Mr.  French,  of  New  Bedford, 
to  commit  the  whole  subject  to  a  select  committee  of  one  from  each 
congressional  district. 

The  motion  was  rejected,  by  a  vote  of  one  hundred  and  sixteen  in 
the  affirmative,  to  one  hundred  and  seventy-eight  in  the  negative. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  amendment 
of  the  Committee  of  the  Whole  was  amended  by  striking  out  all 
after  the  word  u  inhabitants,"  in  the  last  line  but  one  of  the  third 
Resolution,  and  inserting  the  words  "  shall  not  exceed  three  hundred 
and  seventy-five  in  one  thousand  eight  hundred  and  sixty,  or  be  in 
creased  more  than  ten  in  any  one  decennial  period  thereafter." 

Mr.  THOMPSON,  of  Charlestown,  moved  to  amend  the  amendment 
of  the  Committee  of  the  Whole,  by  substituting  the  following : — 

That  the  Constitution  be  so  amended  as  to  provide  for  an  appor 
tionment  of  the  House  of  Representatives,  as  follows : — 

1.  Every  town   having  less  than  fifteen  hundred  inhabitants,  may 
elect  one  representative  every  alternate  year,  or  any  five  years  in  ten 
years;  also  each  of  said  towns  may  elect  one  representative  on  the 
decennial  or  valuation  year. 

2.  Any  two  of  such  towns  may,  by  a  vote  of  a  major  part  of  the 
legal  voters  of  each,  at  legal  meetings  thereof,  unite  together  in  a  dis 
trict,  which  shall  be  entitled  to  a  representative  each  year,  and  which 
shall  continue  for  a  period  of  not  less  than  five  years,  excepting  the 
year  in  which  the  valuation  of  estates  is  settled. 

3.  Every  town  having  fifteen  hundred,  and  less  than  four  thousand 
inhabitants,  may  elect  one  representative  annually. 


164:  JOURNAL    OF    THE    CONVENTION.  [June  29th, 

4.  Every  town  having  four  thousand  inhabitants,  may  elect  two 
representatives  annually ;  the  mean  increasing  ratio  shall  be  four 
thousand. 

The  foregoing  apportionment  to  be  made  upon  the  census  of  1850, 
and  at,  or  after  each  succeeding  decennial  census,  the  ratio  of  towns, 
and  the  mean  increasing  ratio,  shall  be  so  increased  as  to  retain  the 
same  number  of  members  of  the  House  of  Representatives  as  herein 
proposed. 

Resolved,  That  each  city  entitled  to  more  than  three  representa 
tives,  shall  be  divided  into  districts  of  as  nearly  equal  number  of 
inhabitants  as  may  be  practicable  ;  provided,  however,  that  no  dis 
trict  shall  elect  more  than  three  representatives. 

The  PRESIDENT  said  the  amendment  proposed  by  the  gentleman 
from  Charlestown,  being  a  substitute  for  the  amendment  moved  by 
the  gentleman  from  Lowell  (Mr.  Butler),  which  was  in  itself  a  substi 
tute  for  the  original  proposition,  was  not  in  order.  It  could  be  admit 
ted  only  by  unanimous  consent  of  the  Convention,  as  two  substitutes 
could  not  be  pending  at  the  same  time. 

Unanimous  consent  being  given,  the  question  was  stated  on  the 
amendment  of  Mr.  Thompson. 

On  motion  of  Mr.  FRENCH,  of  New  Bedford,  the  yeas  and  nays 
were  ordered  upon  the  question  of  adopting  the  amendment. 

Mr.  CADY,  of  Monson,  moved  to  amend  the  amendment  by  substi 
tuting  the  word  "five"  for  the  word  "four"  in  the  first  line  of  the 
third  paragraph,  (printed  copy,)  and  also  by  making  the  same  alter 
ation  in  the  first  and  third  lines  of  the  fourth  paragraph. 

Mr.  BRIGGS,  of  Pittsfield,  inquired  of  the  Chair  if  that  amendment 
was  in  order,  inasmuch  as  it  was  an  amendment  in  the  third  degree, 
which  was  not  admissible. 

The  PRESIDENT  said  that  it  was  competent  for  the  Convention  to 
perfect  the  amendment,  before  the  question  should  be  taken  on  strik 
ing  out  and  inserting.  An  amendment  in  the  third  degree  was  not 
admissible ;  but  the  proposition  before  the  Convention  did  not  pre 
sent  that  question.  The  Committee  of  the  Whole  had  reported  an 
amendment  to  the  original  proposition,  which  was  in  the  nature 
of  a  substitute,  striking  out  all  after  the  enacting  clause,  and  in 
serting  another  proposition.  It  was  in  order  to  amend  either  the 
part  proposed  to  be  stricken  out,  or  the  part  to  be  inserted,  and  the 
rule  as  to  amendments  in  the  third  degree,  did  not  apply.  But  the 
gentleman  from  Charlestown  had  moved,  not  an  amendment  to  an 
amendment,  but  an  original  proposition,  striking  out  every  word  of 
the  amendment.  The  Chair,  regarding  it  as  in  the  nature  of  a  sub- 


1853.]  JOURNAL    OF    THE    CONVENTION.  165 

stitute,  and  not  as  an  amendment,  ruled  it  not  in  order,  as  two  sub 
stitutes  for  an  original  proposition  could  ncrt  be  pending  at  the  same 
time.  The  Convention  admitted  the  amendment  by  unanimous  eon- 
sent,  and  the  proposition  of  the  gentleman  from  Charlestown  stood 
before  the  Convention,  for  the  time  being,  as  if  the  proposition  of  the 
Committee  of  the  Whole  had  been  disposed  of,  and,  under  these  cir 
cumstances,  the  parliamentary  rule  admitting  the  right  to  perfect  by 
amendments,  a  part  to  be  stricken  out  or  inserted,  was  applicable. 
The  amendment  of  the  gentleman  from  Monson,  the  Chair  held  to 
be  in  order.  The  Convention  acquiesced  in  the  decision  of  the  Chair. 

The  question  being  stated  on  the  amendment  of  the  gentleman 
from  Monson,  it  was  decided  in  the  negative. 

Mr.  KEYES,  member  for  Abington,  moved  to  amend  by  substituting 
the  word  "  twelve  "  for  the  word  "  fifteen  "  in  the  first  line  of  the  first 
paragraph  ;  but  the  motion  was  rejected. 

Mr.  GARDNER,  of  Seekonk,  moved  to  strike  out  of  the  first  and 
second  paragraphs  the  words  "  fifteen  hundred,"  and  insert  instead 
thereof  the  words,  "  one  thousand  " ;  but  the  motion  was  rejected. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  Orders  of  the 
Day  were  laid  upon  the  table,  and 

At  six  o'clock,  on  motion  of  Mr.  WILSON,  of  Natick, 

The  Convention  adjourned. 


THURSDAY,  June  30,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  VILES,  of  Lexington,  presented  a  paper,  containing  a  plan  of 
representation  in  the  House  of  Representatives  ;  which  was  ordered 
to  be  printed. 

Mr.  BRIGGS,  of  Pittsfield,  from  the  Committee  on  the  Encourage 
ment  of  Literature,  submitted  a  Report,  in  favor  of  amending  the 
Constitution,  so  as  to  provide,  that  no  public  money  in  this  Common 
wealth,  whether  accruing  from  funds  or  raised  by  taxation,  shall  ever 
be  appropriated  for  the  support  of  sectarian  or  denominational  schools. 

Also,  a  Report,  inexpedient  to  act  upon  the  subject  of  an  Order  of 
May  20th,  and  the  Petition  of  Harriet  K.  Hunt,  on  the  subject  of 
securing  to  females  greater  educational  rights. 

Also,  a  Report,  inexpedient  to  act  upon  the  subject  of  an  Order  of 


166  JOURNAL   OF    THE    CONVENTION.  [June  30th, 

May  23d,  concerning  the  propriety  of  establishing  the  Board  of  Edu 
cation,  and  the  Board  o£  Agriculture,  as  permanent  departments  of 
the  government. 

These  Reports  were  severally  referred  to  the  Committee  of  the 
Whole,  and  ordered  to  be  printed. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  inexpe 
dient  to  act  upon  the  subject  of  an  Order  of  May  17th,  respecting  the 
reference  by  the  legislature  to  the  people,  of  legislative  acts  for  ap 
proval  or  rejection ;  and  the  President  requested  Mr.  Lord,  of  Salem, 
to  take  the  chair. 

Afterwards,  Mr.  LORD  reported,  that  it  was  the  opinion  of  the  com 
mittee,  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  inexpe 
dient  to  act  upon  the  subject  of  an  Order  of  June  3d,  on  the  expe 
diency  of  securing  to  women,  by  constitutional  provision,  their 
property  acquired  by  devise,  inheritance  or  otherwise,  and  the  Presi 
dent  requested  Mr.  Earle,  of  Worcester,  to  take  the  chair. 

Afterwards,  Mr.  EARLE  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted, 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  inexpe 
dient  to  act  upon  the  subject  of  an  Order  of  June  9th,  relative  to  the 
remuneration  of  persons  tried  for  offences  against  the  State  and 
acquitted,  and  the  President  requested  Mr.  Whitney,  of  Boylston,  to 
take  the  chair. 

Afterwards,  Mr.  WHITNEY  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  inex 
pedient  to  act  upon  the  subject  of  the  Petition  of  Silas  Lamson  and 
others,  and  the  President  requested  Mr.  Wood,  of  Middleborough,  to 
take  the  chair. 


1853.]  JOURNAL    OF    THE    CONVENTION.  167 

Afterwards,  Mr.  WOOD  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Judiciary,  inexpedient  to  act 
upon  the  subject  of  Orders  of  June  6th,  relating  to  granting  the 
subject  "  a  certain  remedy  in  law,  prompt  and  without  delay,"  and 
relating  to  the  codification  of  the  laws ;  and  the  President  requested 
Mr.  James,  of  South  Scituate,  to  take  the  chair. 

Afterwards,  Mr.  JAMES  reported,  that  it  was  the  opinion  of  the  com 
mittee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Secretary,  Treasurer,  &c.,  in 
expedient  to  act  upon  the  subject  of  an  Order  of  June  llth,  relating 
to  the  expediency  of  requiring  that  every  person  holding  an  office  in 
or  under  the  State  government,  shall  retire  therefrom  at  the  expira 
tion  of  six  years  service ;  and  the  President  requested  Mr.  Davis,  of 
Plymouth,  to  take  the  chair. 

Afterwards,  Mr.  DAVIS  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolve  reported  by  the  Committee  on  the  Governor,  in  favor  of 
amending  the  Constitution  by  striking  out  the  whole  of  article  7, 
section  1,  chapter  2;  and  the  President  requested  Mr.  Sargent,  of 
Cambridge,  to  take  the  chair. 

Afterwards,  Mr.  SARGENT  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Resolve  ought  to  pass. 

And  it  was  accordingly  read  a  second  time,  and  finally  passed,  as 
follows : — 

Resolved,  That  it  is  expedient  to  amend  the  Constitution,  by  strik 
ing  out  the  whole  of  article  7,  in  section  1,  chapter  2. 

On  motion  of  Mr.  EARLE,  of  Worcester,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Frame  of  Government,  being  a 
Resolve  on  the  subject  of  the  census ;  and  the  President  requested 
Mr.  Hooper,  of  Fall  River,  to  take  the  chair. 


168  JOURNAL    OF    THE    CONVENTION.  [June  30th, 

Afterwards,  Mr.  HOOPER  reported  the  Resolve  to  the  Convention, 
with  amendments,  viz. : — 

Inserting  after  the  word  "the,"  in  the  second  line,  (printed  copy,) 
the  words,  "  whole  population  of  the." 

And  also  adding  at  the  close,  the  words,  "  instead  of  the  decennial 
census  now  required  by  the  Constitution." 

On  motion  of  Mr.  BRIGGS,  of  Pittsfield,  the  first  of  the  proposed 
amendments  was  amended,  by  striking  out  the  words  "  whole  popu 
lation  of  the,"  and  inserting  instead  thereof,  the  words,  "inhabitants 
of  each  city  and  town  in  the,"  and  also  by  inserting  the  word  "  all " 
before  the  word  "  the." 

The  amendment  was  agreed  to,  and  the  amendments  of  the  com 
mittee,  thus  amended,  were  agreed  to. 

The  Resolve  was  then  read  a  second  time,  and  finally  passed,  as 
follows : — 

Resolved,  That  the  Constitution  be  so  amended  as  to  require  that 
a  census  of  all  the  inhabitants  of  each  city  and  town  in  the  State  be 
taken  in  the  year  1855,  and  on  every  tenth  year  from  and  after  that 
period,  instead  of  the  decennial  census  now  required  by  the  Consti 
tution. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolve  on  the  basis  of  the  House  of 
Representatives,  the  pending  question  being  upon  the  amendment  of 
Mr,  Thompson,  of  Charlestown,  to  the  amendment  of  the  Committee 
of  the  Whole. 

Mr.  DAVIS,  of  Plymouth,  moved  to  amend  the  amendment  of  the 
Committee  of  the  Whole,  by  striking  out  the  first  paragraph,  and 
substituting  therefor  the  following : — 

"Each  town  having  five  hundred  inhabitants  or  less,  shall  be 
entitled  to  five  representatives  in  ten  years. 

"  Each  town  having  between  five  hundred  and  fifteen  hundred 
inhabitants,  shall  be  entitled  to  an  additional  representative  in  ten 
years  for  every  two  hundred  additional  inhabitants,  and  each  town 
having  less  than  fifteen  hundred  inhabitants,  shall  have  an  additional 
representative  in  every  ten  years,  for  valuation  year,  provided  that  no 
more  than  one  representative  shall  be  sent  in  any  one  year." 

A  question  was  raised,  as  to  the  propriety  of  admitting  the  amend 
ment,  but  the  President  decided  to  put  the  question,  upon  the  princi 
ple  stated  by  him  yesterday,  at  the  time  the  amendment  was  offered 
by  Mr.  Cady,  of  Monson. 


1853.]  JOURNAL   OF    THE    CONVENTION.  169 

,-v.,^;.';.>-:"--- 

Mr.  BRIGGS,  of  Pittsfield,  appealed  from  the  decision  of  the  Chair, 
bat  afterwards  withdrew  his  appeal,  and  the  decision  was  acquiesced 
in  by  the  Convention. 

At  one  o'clock,  the  Convention  adjourned. 


AFTERNOON    SESSION. 

Met  according  to  adjournment. 

The  Convention  resumed  the  consideration  of  the  Orders  of  the 
Day ;  the  pending  question  being  the  amendment  of  Mr.  Davis,  of 
Plymouth,  to  the  amendment  of  the  Committee  of  the  Whole. 

Mr.  ALLEN,  of  Worcester,  moved  the  Previous  Question;  but 
afterwards  withdrew  the  motion. 

The  amendment  of  Mr.  Davis  was  then  rejected. 

On  motion  of  Mr.  ALLEY,  of  Lynn,  sustained  by  a  vote  of  one 
hundred  and  eighty-eight  in  the  affirmative  to.  eighty  in  the  negative, 
the  vote  by  which  the  yeas  and  nays  were  ordered  upon  the  amend 
ment  of  Mr.  Thompson,  of  Charlestown,  was  reconsidered  ; 

And  the  question  recurring  upon  the  demand  for  the  yeas  and  nays, 
it  was  sustained  by  one-fifth  of  the  members. 

And  the  roll  being  called,  one  hundred  and  twenty-nine  members 
voted  for  the  amendment,  and  two  hundred  against  it;  so  it  was 
rejected. 

Those  who  voted  in  the  affirmative  are  : — 

Messrs.  Alfred  A.  Abbott,  Messrs.  Josiah  Childs, 

P.  Emory  Aldrich,  J.  McKean  Churchill, 

James  B.  Allen,  Sunnier  Cole, 

Joel  C.  Allen,  Ithamar  Conkey, 

William  Aspinwall,  George  W.  Crockett, 

David  C.  Atwood,  Leander  Crosby, 

George  Austin,  Seth  Crowell, 

Joseph  Barrows,  Joseph  Cummings, 

Erasmus  D.  Beach,  Charles  G.  Davis, 

John  Beal,  John  Davis, 

George  W.  Blagden,  Robert  T.  Davis, 

William  J.  A.  Bradford,  Solomon  Davis, 

Osmyn  Brewster,  Silas  Dean, 

Francis  Brinley,  William  Dehon, 

George  N.  Briggs,  Hiram  S.  Denison, 

Asa  Bronson,  Samuel  Duncan, 

Rufus  Bullock,  James  Easton,  2d, 

Cephas  C.  Bumpus,  Homer  Ely, 

Timothy  W.  Carter,  A.  G.  Farwell, 

Chester  W.  Chapin,  Samuel  P.  Fowler, 


170 


JOURNAL    OF    THE    CONVENTION. 


[June  30th, 


Messrs.  Rodney  French, 

Henry  J.  Gardner, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
William  Haskins, 
Elnathan  P.  Hathaway, 
George  Hayward, 
Charles  Heard, 
Henry  Hersey, 
William  H.  Hewes, 
George  S.  Hillard, 
Foster  Hooper, 
Samuel  Houghton, 
Abraham  H.  Howland, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Charles  P.  Huntington, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
John  Johnson, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
Henry  W.  Kinsman, 
George  H.  Kuhn, 
John  S.  Ladd, 
Tristram  Littlefield, 
Isaac  Livermore, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Daniel  Noyes, 

Those  who  voted  in  the  negative  are 

Messrs.  Josiah  G.  Abbott, 

Benjamin  P.  Adams, 
Shubael  P.  Adams, 
Charles  Allen, 


Messrs.  Joseph  E.  Ober, 
Henry  K.  Oliver, 
Benjamin  S.  Orne, 
Adolphus  G.  Parker, 
Joel  Parker, 
Thomas  A.  Parsons, 
Daniel  A.  Perkins, 
Jonathan  C.  Perkins, 
William  C.  Plunkett, 
Jonathan  Preston, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
John  Sargent, 
William  Schouler, 
Charles  Sherman, 
John  S.  Sleeper, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 
Charles  S.  Storrow, 
Charles  Sumner, 
Thomas  Talbot, 
Ralph  Taylor, 
Joseph  Thayer, 
Charles  Thompson, 
'     Edmund  P.  Tileston, 
David  Turner, 
William  Tyler, 
Charles  W.  Upham, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Frederic  T.  Wallace, 
Samuel  Walker, 
Asa  H.  Waters, 
Cyrus  Weeks, 
Thomas  Wetmore, 
Joseph  Wilbur, 
Joel  Wilder, 
John  H.  Wilkins, 
Ezra  Wilkinson, 
Henry  Williams, 
Jonathan  B.  Winn, 
Josiah  B.  Woods. 


Parsons  Allen, 
John  B.  Alley, 
Josiah  Allis, 
D.  W.  Alvord, 


1853." 


JOURNAL   OF   THE    CONVENTION. 


171 


Messrs.  Robert  Andrews, 
Samuel  Ayres, 
Alvah  Ballard, 
George  S.  Ball, 
Alpheus  Bancroft, 
Russel  Bartlett, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
William  C.  Bliss, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Adolphus  F.  Brown, 
Alpheus  R.  Brown, 
Ar  tern  as  Brown, 
Hammond  Brown, 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
Henry  Cady, 
William  Carruthers, 
Isaac  Case, 
Amariah  Chandler, 
Daniel  E.  Chapin, 
Henry  Chapin, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
.William  Cleverly, 
Lansing  J.  Cole, 
Henry  F.  Cooledge, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Wilber  Curtis, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Richard  H.  Dana,  Jr., 
Ebenezer  Davis, 
Isaac  Davis, 
Gilman  Day, 
Elijah  S.  Deming, 
Augustus  Denton, 
Moses  Dorman, 


Messrs.  Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Samuel  French, 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Joel  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
B.  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
Stephen  E.  Hawkes, 
Ezra  Heath,  2d, 
Samuel  Henry, 
James  Hewes, 
William  Hinsdale, 
Henry  Hobart, 
Edwin  Hobbs, 
George  Hood, 
George  H.  Huntington, 
Moses  C.  Hurlbut, 
John  Jacobs, 
Isaac  Kendall, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 


172 


JOURNAL    OF    THE    CONVENTION. 


[June  30th, 


Messrs.  Albert  Knox, 

Gardner  P.  Ladd, 
Alden  Leland, 
Abishai  Lincoln, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
La  ban  Marcy, 
Abijah  P.  Marvin, 
Reuben  Meader, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
William  S.  Morton, 
Hiram  Nash, 
Charles  Newman, 
William  Nichols, 
Andrew  T.  Nute, 
Nathan  Orcutt, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Jesse  Perkins, 
Charles  Phelps, 
Silvan  us  B.  Phinney, 
Henry  Pierce, 
Jeremiah  Pomroy, 
James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam, 
Silas  Raws  on, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
David  S.  Ross, 


Messrs.  James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
Luther  Sheldon, 
John  Sherril, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Granville  Stevens, 
William  Stevens, 
Alfred  L.  Strong, 
Alanson  Swain, 
Arnold  Taft, 
Willard  Thayer,  2d, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
Ephraim  Tower, 
Orison  Underwood, 
Joel  Yiles, 
George  A.  Vinton, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Samuel  Warner,  Jr., 
Gershom  B.  Weston, 
WiUiam  F.  Wheeler, 
Benjamin  White, 
George  White, 
James  S.  Whitney, 
J.  B.  WiUiams, 
Henry  Wilson, 
Milo  Wilson, 
Willard  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


Mr.  WILSON,  of  Natick,  moved  to  amend  the  amendment  of  the 
Committee  of  the  Whole,  by  adding,  at  the  close  of  the  fourth  para 
graph,  the  words,  "  and  the  mean  increasing  ratio  for  an  additional 
representative  for  each  city  and  town  shall  be  four  thousand,"  and  also 
by  striking  out  the  remainder  of  the  first  Resolve. 

He  afterwards  withdrew  his  amendment. 

Mr.  SCHOULER,  of  Boston,  moved  to  amend  the  amendment  of  the 


1853.]  JOURNAL    OF    THE    CONVENTION.  173 

Committee  of  the  Whole,  by  striking  out  all  after  the  word  "  Re 
solved,"  and  inserting  the  following  : — 

That  whereas,  by  the  theory  of  our  institutions,  and  the  Decla 
ration  of  Independence,  all  men  are  created  equal,  and  have  an  inhe 
rent  and  inalienable  right  to  an  equal  voice  in  electing  their  rulers, 
and  in  making  the  laws  by  which  they  are  governed:  and  whereas, 
these  are  the  fundamental  maxims  upon  which  every  truly  democratic 
government  is  founded,  and  by  which  a  genuine  democracy  alone  can 
be  maintained  :  therefore,  be  it 

Resolved,  That  it  is  expedient  so  to  amend  the  Constitution  of 
Massachusetts,  that  the  popular  branch  of  the  government — the  House 
of  Representatives — like  the  Senate,  shall  be  so  constituted  that  all 
men  shall  be  equal  in  political  power,  and  be  equally  represented,  as 
near  as  may  be,  man  for  man,  by  districts  based  upon  population  or 
legal  voters,  in  the  State  government. 

No  objection  being  made,  the  amendment  was  admitted,  and  the 
question  was  first  stated  upon  the  adoption  of  the  second  paragraph, 
beginning  at  the  word  "  Resolved." 

On  motion  of  Mr.  SCHOULER,  the  yeas  and  nays  were  ordered  upon 
the  question  of  adopting  the  amendment. 

Without  taking  the  question, 

On  motion  of  Mr.  CHURCHILL,  of  Milton,  by  a  vote  of  one  hundred 
and  thirty-five  in  tfie  affirmative,  to  seventy-one  in  the  negative, 

The  Convention  adjourned. 


FRIDAY,  July  1,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  STETSON,  of  Braintree,  offered  the  following  Resolution : — 

Resolved,  That  the  Constitution  be  so  amended  that  hereafter  no 
town  shall  be  incorporated  with  less  than  fifteen  hundred  inhabi 
tants. 

Referred  to  the  Committee  of  the  Whole. 

Mr.  BRIGGS,  of  Pittsfield,  from  the  Committee  on  the  Encourage 
ment  of  Literature,  submitted  a  Report  and  Resolve  on  the  subject 
of  the  enlargement  and  preservation  of  the  School  Fund. 


174  JOURNAL    OF    THE    CONTENTION.  [July  let, 

Also  a  Resolve  in  favor  of  striking  out  of  the  fifth  chapter  of  the 
Constitution,  the  words  "  University  of  Cambridge." 

Mr.  WALKER,  of  North  Brookfield,  from  the  Committee  on  the 
Qualifications  of  Voters,  submitted  a  Report,  inexpedient  to  act 
upon  the  subject  of  the  Petition  of  Francis  Jackson  and  others, 
that  the  word  "  male  "  may  be  struck  out  of  the  Constitution ;  and 
the  Petition  of  Mrs.  Abby  B.  Alcott  and  other  women  of  Massa 
chusetts,  that  they  may  be  allowed  to  vote  upon  the  amendments  of 
the  Constitution  that  may  be  proposed. 

On  motion  of  Mr,  BOUTWELL,  member  for  Berlin, 

Ordered,  That  debate  upon  the  Report  of  the  Committee  on  the 
basis  of  the  House  of  Representatives,  and  all  pending  questions 
thereon,  cease  at  eleven  o'clock  to-day;  but  amendments  shall  be 
admitted  after  debate  upon  the  main  question  shall  cease,  and  the 
mover  of  each  amendment  shall  be  allowed  ten  minutes  to  explain 
his  amendment;  and  the  same  time  shall  be  allowed  to  members  of 
the  Convention  who  shall  obtain  the  floor,  to  oppose  such  amend 
ment,  when  the  question  thereon  shall  be  taken,  without  further 
debate. 

On  motion  of  Mr.  BRIGGS,  of  Pittsfield,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  unfinished  business  of  yesterday,  viz. : 
the  Resolve  on  the  subject  of  the  House  of  Representatives ;  and  the 
pending  question  was  upon  the  amendment  of  Mr.  Schouler,  of 
Boston,  to  the  amendment  of  the  Committee  of  the  Whole. 

Mr.  SCHOULER  withdrew  his  amendment,  and  offered  instead  thereof, 
the  two  following  Resolutions : — 

Resolved^  1st.  That  by  the  theory  of  our  government  and  the  Dec 
laration  of  Independence,  all  men  are  created  equal,  and  have  a  right 
to  an  equal  voice  in  electing  their  rulers,  and  in  making  the  laws  by 
which  they  are  governed  :  and  that  these  are  fundamental  maxims 
upon  which  every  truly  democratic  government  is  founded,  particu 
larly  where  the  people,  as  in  Massachusetts,  are  kindred  and  homoge 
neous,  and  by  which  alone  a  genuine  democracy  can  permanently  be 
maintained. 

Resolved^  2d.  That  it  is  expedient  so  to  amend  the  Constitution 
of  Massachusetts,  that  the  popular  branch  of  the  government,  the 
House  of  Representatives,  shall  be  based  upon  population,  ratable 
polls,  or  upon  legal  voters,  to  the  end  that  all  men  shall  be  equal  in 


1853.] 


JOURNAL    OF    THE    CONVENTION.  175 


power  and  be  equally  represented,  as  near  as  may  be,  man  for  man, 
in  the  State  government. 

On  motion  of  Mr.  HALLETT,  member  for  Wilbrabam,  sustained  by 
a  vote  of  one  hundred  and  forty-nine  in  the  affirmative  to  sixty-seven 
in  the  negative,  the  amendment  of  the  Committee  of  the  Whole  was 
amended  by  striking  out  the  last  paragraph  of  the  first  Resolution, 
and  inserting  instead  thereof,  the  following  : — 

Every  city  or  town  containing  over  twelve  thousand  inhabitants, 
shall  be  entitled  to  elect  one  additional  representative  for  every  four 
thousand  inhabitants  it  may  contain  over  twelve  thousand. 

Mr.  MORTON,  of  Taunton,  offered  an  amendment  to  the  amend 
ment  of  Mr.  Schouler,  but  afterwards  withdrew  it. 

Mr.  BURLINGAME,  member  for  Northborough,  moved  to  amend  the 
proposition  of  Mr.  Schouler,  by  substituting  the  following  for  the  first 
Resolution,  viz. : — 

Resolved,  That  by  the  theory  of  government,  and  the  Declaration 
of  Independence,  all  men  are  created  equal,  and  are  endowed  by 
their  Creator  with  certain  inalienable  rights  ;  that  among  these  are 
life,  liberty,  and  the  pursuit  of  happiness  ;  that  to  secure  these  rights, 
governments  are  instituted  among  men,  deriving  their  just  powers 
from  the  consent  of  the  governed,  and  that  these  are  fundamental 
maxims,  upon  which  every  truly  democratic  government  is  founded, 
and  by  which  alone  genuine  democracy  can  be  permanently  main 
tained. 

The  amendment  was  accepted  by  Mr.  Schouler  ;  but  the  first  Reso 
lution,  as  above  amended,  was  afterwards  withdrawn. 

Mr.  DANA,  member  for  Manchester,  moved  to  amend  the  second 
Resolution,  by  inserting,  after  the  words  "  man  for  man,"  the  words 
"woman  by  woman,  child  by  child,  and  irrespective  of  citizenship  or 
residence";  but  afterwards  withdrew  the  amendment. 

Mr.  GRISWOLD,  member  for  Erving,  moved  to  amend  the  second 
Resolve,  by  striking  out  the  words  "ratable  polls,  or  upon  legal 
voters,"  and  inserting,  instead  thereof,  the  words  "as  near  as  may  be, 
by  a  system  of  town  representation,  adjusted  in  a  manner  as  equal 
and  just  as  is  practicable  ";  but  afterwards  withdrew  the  amendment. 

On  motion  of  Mr.  SCHOULER,  the  yeas  and  nays  were  ordered  upon 
the  question  of  adopting  his  amendment. 

And  the  roll  being  called,  one  hundred  and  thirty-three  members 
voted  in  the  affirmative,  and  two  hundred  and  twenty-three  in  the 
negative. 

So  the  amendment  was  rejected. 


176 


JOURNAL    OF    THE    CONTENTION. 


[July  1st, 


Those  who  voted  in  the  affirmative  are  : — 


Messrs.  Alfred  A.  Abbott, 

Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Robert  Andrews, 
"William  Appleton, 
William  Aspinwall, 
David  C.  Atwood, 
George  Austin, 
Joseph  Barrows, 
Sidney  Bartlett, 
Erasmus  D.  Beach, 
James  M.  Beebe, 
William  J.  A.  Bradford, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Timothy  W.  Carter, 
Josiah  Childs, 
J.  McKean  Churchill, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Seth  Crowell, 
F.  B.  Crowninshield, 
Joseph  Cummings, 
Wilber  Curtis, 
John  Davis, 
Robert  T.  Davis, 
Solomon  Davis, 
William  Dehon, 
Hiram  S.  Denison, 
James  C.  Doane, 
Moses  Dorman, 
Lilley  Eaton, 
Homer  Ely, 
A.  G.  Farwell, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Henry  J.  Gardner, 
Joel  Giles, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Simon  Greenleaf, 
Artemas  Hale, 


Messrs.  Nathan  Hale, 

A.  B.  Hammond, 
George  Haskell, 
Elnathan  P.  Hathaway, 
George  Hayward, 
Henry  Hersey, 
George  S.  Hillard, 
Samuel  Houghton, 
Abraham  H.  Howland, 
William  J.  Hubbard, 
William  Hunt, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
Henry  W.  Kinsman, 
George  H.  Kuhn, 
John  S.  Ladd, 
Job  G.  Lawton,  Jr., 
Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Joseph  B.  Moras, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Daniel  Noyes, 
Joseph  E.  Ober, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
James  W.  Paige, 
John  G.  Park, 
Adolphus  G.  Parker, 
Joel  Parker, 
Samuel  D.  Parker, 
Thomas  A.  Parsons, 
Jonathan  C.  Perkins, 
William  C.  Plunkett, 
Jonathan  Preston, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
George  R.  Sampson, 
John  Sargent, 


JOURNAL    OF   THE    CONVENTION. 


177 


Messrs.  William  Schouler, 
Charles  Sherman, 
John  S.  Sleeper, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 
J.  Thomas  Stevenson, 
Charles  Sumner, 
Increase  Sumner, 
Alanson  Swain, 
Ralph  Taylor, 
Joseph  Thayer, 
Charles  Thompson, 
Edmund  P.  Tileston, 
John  S.  Tyler, 
Charles  W.  Upham, 


Messrs.  George 
Samuc 
Bradfoi 
Samu< 
Cyrus 
Thorn;: 
Daniel 
Joseph 
Joel  \\ 
John  B 
Ezra  V 
Henry 
Milo  V- 
Jonat) 
Josiah 


!}.  Upton, 

R.  Walcott, 
a  L.  Wales, 

Walker, 
v'eeks, 

vVetmore, 
Wilbur, 
Wilbur, 

ier, 

Wiikins, 

Ikinson, 

v'illiams, 

uson, 

i  B.  Winn, 

.  Woods. 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Josiah  Gr.  Abbott, 
Shubael  P.  Adams, 
Charles  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
John  B.  Alley, 
Josiah  Allis, 
D.  W.  Alvord, 
Samuel  Ayres, 
Alvah  Ballard, 
George  S.  Ball, 
Alpheus  Bancroft, 
Russel  Bartlett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
Gad  O.  Bliss, 
William  C.  Bliss, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Joseph  Brownell, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
12 


Messrs.  Henrjr  Jady, 

WilliaiM  Carruthers, 
Isaac  (  tise, 
Amari,;.'i  Chandler, 
Chestti  VV.  Chapin, 
Daniel  "],  Chapin, 
Henry  Chapin, 
Henry    lark, 
Ransom  Clark, 
Alpheu-  B.  Clarke, 
Stillmau  Clarke, 
William  Cleverly, 
Lansin  ^  J.  Cole, 
Georg<   B.  Crane, 
Oliver  S.  Cressy, 
Simeos.  Crittenden, 
Joseph  \V.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Simeoj-  N.  Cutler, 
Richai  I  H.  Dana,  Jr., 
Charlc-  G.  Davis, 
Ebene/er  Davis, 
Isaac  Davis, 
Oilman  Day, 
Silas  Dean, 
Elijah  .S.  Demingr 
Augustus  Denton, 
Alexanuer  De  Witt, 
Samuel  Duncan, 
Bradis!>  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 


178 


JOURNAL    OF   THE    CONVENTION. 


[July  1st, 


Messrs.  Elisha  Edwards, 
Samuel  Edwards, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Luther  Gale, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Washington  Gilbert, 
Charles  G.  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
Josiah  W.  Griswold, 
Whiting  jGriswold, 
Samuel  P.  Hadley, 
Charles  B.  Hall, 
B.  F.  Hallett, 
Lyman  W.  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
Samuel  Henry, 
James  Hewes, 
William  H.  Hewes, 
William  Hinsdale, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Martin  Howard, 
Charles  E.  Hunt, 
Charles  P.  Huntiiigtnu, 
George  H.  Huntingtou, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
John  Johnson, 
Isaac  Kendall, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 


Messrs.  Jefferson  Knight, 

Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Alden  Leland, 
Abishai  Lincoln, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
Laban  Marcy, 
Charles  Mason, 
Reuben  Meader, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nay  son, 
Charles  Newman, 
William  Nichols, 
Alfred  Norton, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Pbinney, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Rosa, 


3853.]  JOURNAL    OF    THE    CONVENTION.  179 

Messrs.  James  C.  Royce,  Messrs.  Orison  Underwood., 

Amasa  Sanderson,  Joel  Viles, 

Chester  Sanderson,  George  A.  Vinton, 

John  Sherril,  Frederic  T.  Wallace, 

Chester  Sikes,  Freeland  Wallis, 

Perez  Simmons,  Amasa  Walker, 

John  W.  Simonds,  Andrew  H.  Ward, 

Matthew  Smith,  Samuel  Warner,  Jr., 

Melzar  Sprague,  Asa  H.  Waters, 

Samuel  W.  Spooner,  Oershom  B.  Weston, 

Eben  H.  Stacy,  William  F.  Wheeler, 

Granville  Stevens,  Benjamin  White, 

William  Stevens,  George  White, 

Gideon  Stiles,  Daniel  S.  Whitney, 

Alfred  L.  Strong,  James  S.  Whitney, 

Isaac  C.  Taber,  J.  B.  Williams, 

Arnold  Taft,  Henry  Wilson, 

Thomas  Talbot,  Willard  Wilson, 

Willard  Thayer,  2d,  Levi  M.  Winslow, 

John  W.  Thomas,  Charles  C.  Wood, 

Abraham  Tilton,  Nathaniel  Wood, 

Horatio  W.  Tilton,  Otis  Wood, 

Ephraim  Tower,  William  H.  Wood, 

David  Turner,  Ezekiel  Wright. 
William  Tyler, 

Mr.  MORTON,  of  Taunton,  offered  an  amendment  to  the  amendment 
of  the  Committee  of  the  Whole,  which,  the  blanks  having  been  filled, 
stood  as  follows  : — 

That  the  House  of  Representatives  shall  consist  of  three  hundred 
and  twenty  members,  which  shall  be  divided  among  the  several  coun 
ties  of  the  Commonwealth,  as  nearly  as  possible,  according  to  tfee 
number  of  legal  voters  by  the  last  preceding  decennial  census. 

As  soon  as  may  be  after  each  decennial  census,  the  Senate  shall 
divide  each  county  into  as  many  representative  districts  as  it  may 
deem  expedient,  so  that  the  basis  of  each  representative  shall  be  a» 
nearly  the  same  number  of  legal  voters  as  possible  without  the  divis 
ion  of  towns,  or  the  wards  of  cities :  Provided,  no  district  shall  be 
entitled  to  more  than  three  representatives,  and  provided,  that  Nan- 
tucket  and  Dukes  Counties  shall  each  form  one  district,  and  be  entitled 
to  at  least  one  representative. 

On  motion  of  Mr.  MORTON,  the  yeas  and  nays  were  ordered  upon 
the  question  of  adopting  this  amendment. 

On  motion  of  Mr.  PHINNEY,  member  for  Chatham,  the  rule  requir 
ing  that  an  adjournment  of  the  morning  session  shall  take  place  at 
one  o'clock,  was  modified  so  as  to  change  the  hour  to  two  o'clock. 

But  afterwards,  on  motion  of  Mr.  HATHAWAY,  of  Freetown, 

At  one  o'clock,  the  Convention  adjourned. 


1 30  JOURNAL   OF    THE    CONVENTION.  [July  1st, 


AFTERNOON  SESSION. 

Met  according  to  adjournment, 

Mr.  BRIGGS,  of  Pittsfield,  moved  that  when  the  Convention  adjourn 
this  evening,  it  adjourn  to  meet  again  on  Wednesday,  at  nine  o'clock. 

Mr.  GRISWOLD,  member  for  Erving,  moved  to  amend  the  motion  by 
substituting  Tuesday,  at  ten  o'clock, 

And  the  amendment  was  adopted  by  a  vote  of  one  hundred  and 
twenty-six  in  the  affirmative  to  fifty-eight  in  the  negative. 

The  motion,  as  amended,  was  then  agreed  to. 

On  motion  of  Mr.  BREED,  of  Lynn,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  unfinished  business  of  the  morning  ses 
sion,  viz. :  the  Resolves  on  the  subject  of  the  House  of  Representa 
tives  ;  and  the  pending  question  was  upon  the  adoption  of  the 
amendment  of  Mr.  Morton,  of  Taunton,  to  the  amendment  of  the 
Committee  of  the  Whole. 

And  the  roll  being  called,  one  hundred  and  nineteen  members  voted 
in  the  affirmative,  and  one  hundred  and  ninety-seven  in  the  negative. 

So  the  amendment  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Alfred  A.  Abbott,  Messrs.  George  W.  Crockett, 

Benjamin  P.  Adams,  Leander  Crosby, 

P.  Emory  Aldrich,  Seth  Crowell, 

Joel  C.  Allen,  Wilber  Curtis, 

Robert  Andrews,  John  Davis, 

William  Aspinwall,  Robert  T.  Davis, 

David  C.  Atwood,  Solomon  Davis, 

George  Austin,  James  C.  Doane, 

Joseph  Barrows,  James  Easton,  2d, 

Sidney  Bartlett,  Lilley  Eaton, 

Erasmus  D.  Beach,  Homer  Ely, 

William  J.  A.  Bradford.  Samuel  P.  Fowler, 

Milton  P.  Braman,  Charles  H.  French, 

Osmyn  Brewster,  Henry  J.  Gardner, 

Francis  Brinley,  Johnson  Gardner, 

George  N.  Briggs,  Joel  Giles, 

Asa  Bronson,  Robert  Gould, 

Rufus  Bullock,  Dalton  Goulding, 

Cephas  C.  Bumpus,  Jason  Goulding, 

Timothy  W.  Carter,  John  C.  Gray, 

Josiah  Childs,  Artemas  Hale, 

J.  McKean  Churchill,  Nathan  Hale, 

Nathaniel  Cogswell,  A.  B.  Hammond, 

Ithamar  Conkey,  George  Haskell, 

Henry  F:  Cooledge,  Elnathan  P.  Hatha.wfaj, 


1653.] 


JOURNAL    OF    THE    CONVENTION. 


181 


Messrs.  Charles  Heard, 
Henry  Hersey, 
William  H.  Hewes, 
George  S.  Hillard, 
Thomas  Hopkinson, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
Samuel  H.  Jenks, 
John  Johnson, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
Joseph  Kingman, 
George  H.  Kuhn, 
John  S.  Ladd, 
Job  G.  Lawton,  Jr., 
Abishai  Lincoln, 
Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Samuel  P.  Loud, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Joseph  B.  Moras, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Joseph  E.  Ober, 
Henry  K.  Oliver, 
John  G.  Park, 

Those  who  voted  in  the  negative  are  :- 

Messrs.  Josiah  G.  Abbott, 
Shubael  P.  Adams, 
Charles  Allen, 
Parsons  Allen, 
Josiah  Allis, 
Samuel  Ayres, 
Alvah  Ballard, 
Alpheus  Bancroft, 
Russel  Bartlett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
John  Beal, 

William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 


Messrs.  Adolphus  G.  Parker, 
Thomas  A.  Parsons, 
William  C.  Plunkett, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
John  Sargent, 
William  Schouler, 
Charles  Sherman, 
John  S.  Sleeper, 
John  Souther, 
Charles  G.  Stevens, 
Granville  Stevens, 
J.  Thomas  Stevenson, 
Charles  Sumner, 
Increase  Sumner, 
Alanson  Swain, 
Ralph  Taylor, 
John  W.  Thomas, 
Edmund  P.  Tileston, 
Charles  W.  Upham, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Samuel  Walker, 
Cyrus  Weeks, 
Daniel  Wilbur, 
Joseph  Wilbur, 
Joel  Wilder, 
Ezra  Wilkinson, 
Henry  Williams, 
Milo  Wilson, 
Jonathan  B.  Winn, 
Charles  C.  Wood, 
Josiah  B.  Woods. 


Henry  W.  Bishop, 
William  S.  Booth, 
George  S.  Boutweli, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Adolphus  F.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Joseph  Brownell, 
Asahel  Buck, 
Ansoii  Burlingame, 
Benjamin  F.  Butler, 
Henry  Cady, 
William  Carruthera, 
Isaac  Case, 
Amariah  Chandler, 


182 


JOURNAL  'OF    THE    CONVENTION. 


[July  14, 


Messrs.  Daniel  E.  Chapin, 
Henry  Chapiii, 
Henry  Clark, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
Stillman  Clarke, 
"William  Cleverly, 
Ijansing  J.  Cole, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden^ 
Joseph  W.  Cross, 
Henry  W.  Cushman,, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr,s 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Oilman  Day, 
Elijah  S.  Deming* 
Augustus  Dentonj, 
Moses  Dorman, 
Samuel  Duncan^ 
B  radish  Dunhaius, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Elisha  Edwards, 
Samuel  Edwards,. 
Sullivan  Fay, 
James  K.  Fellows,, 
Lyman  Fisk, 
Emery  Eiske, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Ahram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French., 
Rodney  French, 
Luther  Gale, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Washington  Gilbert 
Charles  G.  Giles, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswolcl^ 
Whiting  Griswold, 
Samuel  F>  Hadlej, 


Messrs.  Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Stephen  E.  Hawkea, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
Samuel  Henry, 
James  Hewes, 
William  Hinsdale, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Charles  E.  Hunt, 
Charles  P.  Huntingtou, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Isaac  Kendall, 
Joseph  Kimball, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Alden  Lei  and, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Reuben  Meader, 
Simeon  Merritt, 
James  L.  Monroe, 
William  S.  Morten, 
Hiram  Nash, 
Charles  Newman, 
William  Nichols, 
Alfred  Norton, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
E.  Wing  Packer, 
Benjamin  Paine, 
Jonathan  Parris, 
John  Partridge, 
Nathaniel  Peabody, 


1853.] 


JOURNAL    OF   THE    CONVENTION. 


183 


Messrs.  Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
John  A.  Putnam, 
Silas  Rawson, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Joseph  M.  Rockwood, 
John  Rogers, 
James  C.  Royee, 
Amasa  Sanderson, 
Chester  Sanderson, 
John  Sherril, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 


Arnold  Taft, 
Thomas  Talbot, 
Willard  Thayer,  2d, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
Ephraim  Tower, 
David  Turner, 
William  Tyler, 
Orison  Underwood, 
Joel  Viles, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
J.  B.  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Levi  M.  Winslow, 
Nathaniel  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


Mr.  HALE,  of  Boston,  moved  to  amend  the  amendment  of  the  Com 
mittee  of  the  Whole  by  substituting  therefor  the  Resolve  reported  by 
the  Minority  of  the  Standing  Committee. 

Objections  being  made  by  Mr.  BUTLER,  of  Lowell,  and  Mr.  TYLER, 
of  Pawtucket,  it  was  not  received. 

Mr.  WHITNEY,  of  Conway,  moved  the  Previous  Question,  which 
was  ordered. 

On  motion  of  Mr.  WEEKS,  of  Harwich,  the  yeas  and  nays  were 
ordered  upon  the  question  of  agreeing  to  the  amendment  of  the 
Committee  of  the  Whole,  as  amended. 

Mr.  HATHAWAY,  of  Freetown,  called  for  a  division  of  the  Resolve?, 

And  no  objection  being  made,  the  question  was  first  taken  upon 
the  first,  second,  third  and  fourth  Resolution?. 

And  the  roll  being  called,  two  hundred  and  six  members  voted  for 
the  Resolves,  and  one  hundred  and  twelve  against  them. 

So  they  were  adopted. 


184 


JOURNAL   OF   THE    CONVENTION. 


[July  1st, 


Those  who  voted  in  the  affirmative  are : — 


Messrs.  Josiah  G.  Abbott, 
Shubael  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
John  B.  Alley, 
Josiah  Allis, 
D.  W.  Alvord, 
David  C.  Atwood, 
George  Austin, 
Samuel  Ayres, 
Alvah  Bollard, 
George  S.  Ball, 
Russel  Bartlett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
"William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Asa  Eronson, 
Adolphus  F.  Brown, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Joseph  Brownell, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
William  Carruthers, 
Isaac  Case, 
Amariah  Chandler, 
Daniel  E.  Chapin, 
Henry  Chapin, 
Henry  Clark, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
William  Cleverly, 
Jacob  Coggin, 
Sumner  Cole, 
Henry  F.  Cooledge, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Wilber  Curtis, 


Messrs.  Henry  W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr., 
Ebenezer  Davis, 
Isaac  Davis, 
Gilman  Day, 
Elijah  S.  Deming, 
Augustus  Denton, 
Moses  Dorman, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
James  Easton,  2d, 
Elisha  Edwards, 
Samuel  Edwards, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Washington  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Phineas  Harmon, 
George  Haskell, 
William  Haskins, 
Stephen  E.  Hawkes, 
Ezra  Heath,  2d, 


1853.] 


JOURNAL   OF   THE    CONVENTION. 


185 


Messrs.  Samuel  Henry, 
James  Hewes, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Charles  E.  Hunt, 
George  H.  Huntington, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Alden  Leland, 
Abishai  Lincoln, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Reuben  Meader, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
William  S,  Morton, 
Hiram  Nash, 
Charles  Newman, 
William  Nichols, 
Alfred  Norton, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
E.  Wing  Packer, 
Benjamin  Paine, 
Jonathan  Parris, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 


Messrs.  Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M,  Pool, 
John  A.  Putnam, 
Silas  Rawson, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Joseph  M.  Rockwood, 
John  Rogers, 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
John  Sherril, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Alanson  Swain, 
Isaac  C.  Taber, 
Arnold  Taft, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
Ephraim  Tower, 
William  Tyler, 
Orison  Underwood, 
Joel  Viles, 
Freeland  Wallis, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Gershom  B.  Weston, 
Benjamin  White, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
J.  B.  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


186 


JOURNAL    OF   THE    CONVENTION. 


[July  1st, 


Those  who  voted  in  the  negative  are : — 


Messrs.  Alfred  A.  Abbott, 

Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Robert  Andrews, 
William  Aspinwall, 
Alpheus  Bancroft, 
Joseph  Barrows, 
Sidney  Bartlett, 
Erasmus  D.  Beach, 
John  Beal, 

William  J.  A.  Bradford, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Asahel  Buck, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Henry  Cady, 
Timothy  W.  Carter, 
Chester  W.  Chapin, 
J.  McKean  Churchill, 
Lansing  J.  Cole, 
Ithamar  Conkey, 
Benjamin  F.  Copeland, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Joseph  Cummings, 
Charles  G.  Davis, 
John  Davis, 
Robert  T.  Davis, 
Solomon  Davis, 
Hiram  S.  Denison, 
James  C.  Doane, 
Lilley  Eaton, 
Homer  Ely, 
William  T.  Eustis, 
A.  G.  Farwell, 
Samuel  P.  Fowler, 
Henry  J.  Gardner, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Artemas  Hale, 
Nathan  Hale, 
Elnathan  P.  Hathaway, 
George  Hay  ward, 
Charles  Heard, 
Henry  Hersey, 
William  H.  Hewes, 


Messrs.  George  S.  Hillard, 
Thomas  Hopkinson, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Charles  P.  Huntington, 
Samuel  Jackson, 
William  James, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
George  H.  Kuhn, 
John  S.  Ladd, 
Job  G.  Lawton,  Jr., 
Frederic  W.  Lincoln,  Jr. 
Isaac  Livermore, 
Samuel  P.  Loud, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Joseph  B.  Morss, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Daniel  Noyes, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Adolphus  G.  Parker, 
Thomas  A.  Parsons, 
William  C.  Plunkett, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
John  Sargent, 
William  Schouler, 
Charles  Sherman, 
JohnS.  Sleeper, 
Charles  G.  Stevens, 
Granville  Stevens, 
J.  Thomas  Stevenson, 
Increase  Sumner, 
Thomas  Talbot, 
Ralph  Taylor, 
Charles  Thompson, 
Edmund  P.  Tileston, 
David  Turner, 
Charles  W.  Upham, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Samuel  Walker, 
Cyrus  Weeks, 


1853.]  JOURNAL    OF    THE    CONVENTION.  187 

Messrs.  Thomas  Wetmore,  Messrs.  Ezra  Wilkinson, 
William  F.  Wheeler,  Henry  Williams, 

Daniel  Wilbur,  Milo  Wilson, 

Joseph  Wilbur,  Jonathan  B.  Winn, 

Joel  Wilder,  Josiah  B.  Woods. 

On  the  question  of  adopting  the  fifth  Resolution,  no  objection  being 
made,  the  calling  of  the  roll  was  dispensed  with  ;  and  upon  a  division, 
one  hundred  and  eighty-nine  members  voted  for  the  Resolve,  and 
twenty-seven  against  it. 

So  it  was  adopted. 

The  Resolves  were  then  ordered  to  a  second  reading. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  Resolves 
were  specially  assigned  for  consideration  on  Wednesday  next  at  half 
past  ten  o'clock,  and  were  ordered  to  be  printed. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Resolves  reported  by  the 
Committee  on  the  subject  of  the  secretary,  treasurer,  &c.,  together 
with  the  motion  of  Mr.  Dana,  member  for  Manchester,  to  reconsider 
the  vote  by  which  they  were  passed,  was  taken  from  the  table,  and 
considered. 

But  without  taking  the  question, 

On  motion  of  Mr.  DANA,  the  subject  was  again  laid  upon  the  table. 

Mr.  FROTHINGHAM,  of  Charlestown,  from  a  Select  Committee,  sub 
mitted  a  Report  and  Resolves  on  the  subject  of  banking, 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be 
printed. 

Mr.  FAY,  of  Southborough,  from  the  Committee  on  Leave  of 
Absence,  submitted  a  Report,  granting  leave  of  absence  for  three 
weeks  to  Mr.  Houghton,  of  Sterling. 

The  Report  was  considered  and  accepted. 

At  a  quarter  past  six  o'clock,  on  motion  of  Mr.  PHINNEY,  member 
for  Chatham, 

The  Convention  adjourned. 


TUESDAY,  July  5,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  Friday  last  was  read. 

A  communication  was  received  from  the  Secretary  of  State,  en 
closing  a  list  of  justices  of  the  supreme  judicial  court,  and  of  the 
court  of  common  pleas. 

Also,  a  communication  from  the  same  gentleman,  enclosing  a  list 


188  JOURNAL   OF    THE    CONVENTION.  [July  5th, 

of  pardons,  remissions,  restorations,  and  commutations,  from  1843  to 
1852,  inclusive. 

Laid  upon  the  table  and  ordered  to  be  printed. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Report  of  the  Committee  on  the  Encouragement  of  Literature,  inex 
pedient  to  act  upon  the  subject  of  an  Order  of  May  20th,  and  of  the 
Petition  of  Harriet  K.  Hunt,  on  the  subject  of  providing  for  the 
education  of  females  ;  and  the  President  requested  Mr.  Parker,  of 
Cambridge,  to  take  the  chair. 

Afterwards,  Mr.  PARKER  reported,  that  it  was  the  opinion  of  the  com 
mittee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Encouragement  of  Literature, 
inexpedient  to  act  upon  the  subject  of  an  Order  of  May  23d,  con 
cerning  the  expediency  of  providing  that  the  Board  of  Education  and 
the  Board  of  Agriculture  shall  be  established  as  permanent  depart 
ments  of  government ;  and  the  President  requested  Mr.  Walker,  of 
North  Brookfield,  to  take  the  chair. 

Afterwards,  Mr.  WALKER  reported,  that  it  was  the  opinion  of  the 
committee,  that  the  Report  ought  to  be  accepted. 

And  it  was  acordingly  accepted. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolve  reported  by  the  Committee  on  the  Encouragement  of  Litera 
ture,  on  the  subject  of  appropriating  moneys  for  sectarian  or  denomi 
national  schools  ;  and  the  President  requested  Mr.  Schouler,  of  Bos 
ton,  to  take  the  chair. 

Afterwards,  Mr.  SCHOULER  reported,  that  it  was  the  opinion  of  the 
committee,  that  the  Resolve  ought  to  pass. 

And  it  was  accordingly  ordered  to  a  second  reading. 

On  motion  of  Mr.  KINGMAN,  of  West  Bridgewater,  the  rules  were 
suspended,  and  the  Resolve  considered,  the  question  being  on  its  final 
passage. 

On  motion  of  Mr.  BIRD,  of  Walpole,  the  yeas  and  nays  were 
ordered ;  and  then, 

On  motion  of  Mr.  WARNER,  of  Wrentham,  the  Resolve  was  post 
poned  until  to-morrow. 

On  motion  of  Mr.  BIRD,  of  Walpole,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 


1853.]  JOURNAL    OF    THE    CONVENTION.  189 

the  series  of  Resolutions  reported  by  the  Committee  on  Oaths  and 
Subscriptions,  on  the  subject  of  oaths,  incompatibility  of  offices,  the 
enacting  style,  attachment  on  mesne  process,  and  electing  bank 
officers  to  office  ;  and  the  President  requested  Mr.  Sumner,  member 
for  Otis,  to  take  the  chair. 

Afterwards,  Mr.  SUMNER  reported  the  Resolves  to  the  Convention, 
with  an  amendment,  viz. :  striking  from  the  last  line  of  the  first  Re 
solve,  the  words  "  the  legislature,"  and  inserting  instead  thereof  the 
word  "  law." 

The  amendment  was  agreed  to. 

On  motion  of  Mr.  WARD,  of  Newton,  the  second  Resolve  was 
amended  by  striking  out  the  words  "  or  place,"  in  the  third  line,  and 
also  the  words  "  place  or"  in  the  seventh  line. 

Mr.  WHITNEY,  of  Boylston,  moved  to  amend  by  striking  out  the 
fifth  Resolve,  and  substituting  therefor  the  following : — 

Resolved,  That  it  is  expedient  so  to  alter  the  Constitution  as  to 
provide  that  persons  conscientiously  scrupulous  of  taking  human 
life,  may  act  in  an  official  capacity  under  the  Constitution  without 
taking  the  ordinary  oath  or  affirmation. 

The  amendment  was  rejected,  and  the  Resolves,  as  amended,  were 

Ordered  to  a  second  reading. 

On  motion  of  Mr.  WALKER,  of  North  Brookfield,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con 
sidering  the  unfinished  business  of  the  session  of  June  22d,  viz.:  the 
Resolves  reported  by  the  Committee  on  the  Qualifications  of  Voters, 
on  the  subject  of  the  residence  of  voters,  &c. ;  and  the  President 
requested  Mr.  Giles,  of  Boston,  to  take  the  chair. 

Afterwards,  Mr.  GILES  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come 
to  no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  one  o'clock,  on  motion  of  Mr.  OLIVER,  of  Lawrence, 

The  Convention  adjourned. 


AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  ALLEY,  of  Lynn,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolves  on  the  subject  of  the  residence  of  voters,  &c.,  and  the  Presi 
dent  requested  Mr.  Giles,  of  Boston,  to  take  the  chair. 


190  JOURNAL    OF    THE    CONVENTION.  [July  6th, 

Afterwards,  Mr.  GILES  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  for  want  of  a 
quorum  had  been  unable  to  come  to  any  conclusion. 

At  a  quarter  before  seven  o'clock,  on  motion  of  Mr.  CROWNIN- 
SHIELD,  of  Boston, 

The  Convention  adjourned. 


WEDNESDAY,  July  6,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  WALKER,  of  North  Brookfield,  from  the  Committee  on  the 
Qualifications  of  Voters,  submitted  a  Report,  inexpedient  to  act  upon 
the  subject  of  an  Order  of  May  19th,  concerning  betting  on  elections, 
and  the  exclusion  from  the  right  of  suffrage  of  persons  convicted  of 
bribery,  &c. ;  and  an  Order  of  June  18th,  concerning  the  expediency 
of  exempting  voters,  during  the  time  of  election,  from  military  duty, 
attending  court,  &c. ;  and  an  Order  of  May  31st,  concerning  the  ex 
pediency  of  requiring,  in  all  persons  admitted  to  vote  after  1856,  an 
ability  to  read  the  Constitution  in  the  English  language ;  and  the 
Petition  of  Harriet  K.  Hunt,  to  be  excused  from  paying  taxes  ;  and 
the  Petition  of  Wendell  Phillips  and  others,  that  women  may  be 
heard  before  the  Convention. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Committee  of  the  Whole 
having  under  consideration  the  Resolves  concerning  the  residence  of 
voters,  &c.,  was  discharged  from  the  farther  consideration  of  that  sub 
ject;  and 

The  Resolves  were  then  laid  upon  the  table. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolve  reported  by  the  Committee  on  the  Encouragement  of 
Literature,  on  the  subject  of  the  enlargement  and  preservation  of  the 
School  Fund ;  and  the  President  requested  Mr.  Wood,  of  Fitchburg, 
to  take  the  chair. 

Afterwards,  Mr.  WOOD  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Resolve  ought  to  pass. 

And  it  was  accordingly  ordered  to  a  second  reading. 

On  motion  of  Mr.  WILSON,  of  Natick,  the   Convention  resolved 


1853.] 


JOURNAL    OF    THE    CONVENTION.  191 


itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolve  reported  by  the  Committee  on  the  Encouragement  of 
Literature,  in  favor  of  amending  the  second  section  of  the  fifth  chap 
ter  of  the  Constitution ;  and  the  President  requested  Mr.  Oliver,  of 
Lawrence,  to  take  the  chair. 

Afterwards,  Mr.  OLIVER  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Resolve  ought  to  pass. 

And  it  was  accordingly  ordered  to  a  second  reading. 
On  motion  of  Mr.  STETSON,  of  Braintree,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose   of  considering 
the  Report  of  the   Special   Committee,  inexpedient  to  act  upon  the 
subject  of  the  loan  of  the  State  credit. 

Afterwards,  on  motion  of  Mr.  EAMES,  of  Washington,  the  vote 
was  reconsidered,  and  the  Convention  refused  to  go  into  committee 
on  that  subject. 

On  motion  of  Mr.  WESTON,  of  Duxbury,  the  Resolves  reported  by 
the  Committee  on  Secretary,  Treasurer,  &c.,  with  the  motion  made 
by  Mr.  Dana,  member  for  Manchester,  to  reconsider  the  vote  by  which 
they  were  finally  passed,  were  taken  from  the  table  and  considered. 

After  debate,  Mr.  MORTON,  of  Quincy,  moved  the  Previous  Ques 
tion. 

Pending  the  consideration  of  which, 

Mr.  STETSON,  of  Braintree,  called  for  the  subject  specially  assigned 
for  half  past  ten  o'clock  to-day,  which  was  the  Resolves  on  the  basis 
of  the  House  of  Representatives. 

The  Resolves  were  read   a  second  time,  and  then,  on  motion  of 
Mr.  BOUTWELL,  member  for  Berlin,  were 
Laid  upon  the  table. 

On  motion  of  Mr.  BOUTWELL,  the  Convention  resumed  the  consid 
eration  of  the  subject  of  the  Resolves  on  the  secretary,  treasurer,  &c., 
and  the  motion  to  reconsider,  &c. 

The  motion  for  the  Previous  Question  was  rejected,  by  a  vote  of 
one  hundred  and  two  in  the  affirmative,  to  one  hundred  and  seventeen 
in  the  negative. 

After  further  debate,  Mr.  WILSON,  of  Natick,  asked  the  unanimous 
consent  of  the  Convention  that  he  might  introduce  a  motion,  that  the 
question  be  taken  on  the  proposition  to  reconsider  at  a  quarter  past 
twelve  o'clock. 

Objection  being  made  by  Mr.  LORD,  of  Salem, 
On  motion  of  Mr.  WILSON,  the  Orders  of  the  Day  were  laid  upon 
the  table,  by  a  vote  of  one  hundred  and  twelve  in  the  affirmative,  to 
fifty-four  in  the  negative  ;  and  then, 


192  JOURNAL    OF    THE    CONVENTION.  [July  6th, 

On  motion  of  Mr.  WILSON, 

Ordered,  That  the  question  be  taken  on  the  motion  to  reconsider, 
at  seventeen  minutes  past  twelve  o'clock. 

That  time  having  arrived,  the  question  was  called  for. 

On  request  of  Mr.  BIRD,  of  Walpole,  the  question  was  divided,  and 
the  vote  taken  separately  upon  each  of  the  four  Resolutions ; 

And  the  motion  to  reconsider  the  vote  on  the  passage  of  the  first, 
second  and  fourth  Resolutions,  was  rejected,  without  a  division. 

The  motion  to  reconsider  the  vote  on  the  passage  of  the  third  Res 
olution,  was  also  rejected,  by  a  vote  of  eighty-five  in  the  affirmative 
to  one  hundred  and  sixty-six  in  the  negative. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject,  being  the  Resolve  on  the  subject  of  general  laws 
for  corporations,  was  passed  over. 

The  second  subject  was  the  Resolve  on  the  subject  of  appropria 
tions  for  sectarian  schools. 

Mr.  STETSON,  of  Braintree,  moved  to  amend  the  Resolve  by  adding, 
at  the  close,  the  words,  "or  any  seminaries  of  learning;"  but  after 
wards  withdrew  his  motion. 

Mr.  BLAGDEN,  of  Boston,  moved  to  amend  the  Resolve  by  inserting, 
before  the  word  "  sectarian  "  in  the  fourth  line,  (printed  copy,)  the 
words,  "  any  common  schools  of  a,"  and  by  inserting  at  the  close,  the 
word  "character,"  instead  of  the  word  "  schools." 

Pending  the  consideration  of  this  amendment, 

At  one  o'clock,  the  Convention  adjourned. 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  HALL,  of  Haverhill,  from  the  Committee  on  the  Secretary, 
Treasurer,  &c.,  submitted  a  Report  and  series  of  Resolves  on  the  sub 
ject  of  the  election  of  justices  of  the  peace. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be 
printed. 

On  motion  of  Mr.  LELAND,  of  Holliston,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  unfinished  business  of  the  morning  ses 
sion,  viz. :  The  Resolve  on  the  subject  of  appropriations  for  sectarian 
schools. 


1853.]  JOURNAL    OF    THE    CONVENTION.  193 

And  the  pending  question  was  upon  the  amendment  offered  by  Mr. 
Blagden,  of  Boston. 

Without  taking  the  question, 

On  motion  of  Mr.  STETSON,  of  Braintree,  the  whole  subject  was 

Laid  upon  the  table. 

The  next  subject  in  the  Orders  of  the  Day  was  taken  up,  viz. :  the 
Resolves  reported  by  the  Committee  on  Oaths  and  Subscriptions, 
&c.,  on  the  subject  of  oaths,  incompatibility  of  offices,  the  enacting 
style,  attachment  on  mesne  process,  and  electing  bank  officers  to 
office. 

Mr.  BRINLEY,  of  Boston,  moved  to  amend  the  series  by  striking  out 
the  third  Resolve. 

Mr.  HOOPER,  of  Fall  River,  moved  to  amend  the  amendment,  by 
striking  from  the  Resolve  the  words  "  General  Court  of  Massachu 
setts,"  and  inserting  instead  thereof  the  words,  "people  represented  in 
the  general  court." 

But  the  amendment  to  the  amendment  was  rejected,  and 

The  amendment  offered  by  Mr.  Brinley  was  also  rejected,  by  a  vote 
of  fifty-two  in  the  affirmative,  to  one  hundred  and  twenty-five  in  the 
negative. 

On  motion  of  Mr.  HALLETT,  member  for  Wilbraham,  the  first  Re 
solve  was  amended  by  striking  out  the  words,  "or  before  a  judge  of 
the  supreme  court,"  wherever  they  occur  in  the  second  paragraph. 

Also,  by  striking  out  the  words,  "and  councillors,"  in  the  second 
and  third  lines  of  the  same  paragraph,  (printed  copy,)  and  by  insert 
ing  the  word  "and"  before  the  word  "lieutenant-governor"  in  the 
second  line,  and  by  inserting  after  the  word  "assembly"  in  the  fourth 
line,  the  words  "  arid  by  councillors  before  the  president  of  the  Senate, 
and  in  presence  of  the  Senate." 

On  motion  of  Mr.  BATES,  of  Plymouth,  the  first  Resolve  was  further 
amended  by  substituting  the  words,  "in  convention,"  for  the  words 
"of  assembly"  in  the  fourth  line  of  the  second  paragraph. 

On  motion  of  Mr.  EDWARDS,  of  Southampton,  the  second  Resolve 
was  amended  by  striking  out  the  words,  "or  receiver-general"  in  the 
fifth  and  sixth  lines  of  the  fourth  paragraph. 

The  Resolves,  as  amended,  were  then  finally  passed,  by  a  vote  of 
one  hundred  and  fifty  in  the  affirmative,  to  six  in  the  negative  ;  as 
follow : — 

1.  Resolved,  That  the  first  article  of  the  sixth  chapter  be  amended 
in  the  last  paragraph  thereof,  by  the  insertion  of  the  words,  "or  before 
a  judge  of  the  supreme  court"  after  the  word  "assembly,"  and  by  the 
13 


194  JOURNAL    OF    THE    CONVENTION.  [July  6th, 

insertion  of  the  same  words,  after  the  word  "being,"  so  that  the  para 
graph,  as  amended,  shall  read  as  follows  : — 

"  And  the  said  oaths  and  affirmations  shall  be  takeya  and  subscribed 
by  the  governor  and  lieutenant-governor  before  the  president  of  the 
Senate,  in  presence  of  the  two  Houses  in  convention,  and  by  coun 
cillors  before  the  president  of  the  Senate,  and  in  presence  of  the  Sen 
ate,  and  by  the  senators  and  representatives  before  the  governor  and 
council  for  the  time  being,  and  by  the  residue  of  the  officers  afore 
said  before  such  persons  and  in  such  manner  as  shall  from  time  to  time 
be  prescribed  by  law." 

2.  Resolved,  That  the  first  paragraph  of  said  article  ought  to  be 
amended  by  inserting  after  the  word  "  court"  in  the  second  line,  "or 
court  of  common  pleas,"  and  by  adding  after  the  last  word  of  said 
paragraph  the  following :  "  Except  that  they  may  be  appointed  to  take 
depositions  or  acknowledgments  of  deeds,  or  other  legal  instruments, 
by  the  authority  of  any  other  state  or  country." 

So  that  the  same,  amended,  shall  read  as  follows,  to  wit : 

No  governor,  lieutenant-governor,  or  judge  of  the  supreme  judicial 
court  or  court  of  common  pleas,  shall  hold  any  other  office,  under  the 
authority  of  this  Commonwealth,  except  such  as  by  this  Constitution 
they  are  admitted  to  hold,  savingthatthe  judges  of  the  said  courts  may 
hold  the  offices  of  justices  of  the  peace  through  the  State  ;  nor  shall 
they  hold  any  other  office,  or  receive  any  pension  or  salary  from  any 
other  state,  or  government,  or  power  whatever ;  except  that  they  may 
be  appointed  to  take  depositions,  or  acknowledgments  of  deeds,  or 
other  legal  instruments,  by  the  authority  of  any  other  state  or  country. 

Also,  that  the  second,  third,  and  fourth  paragraphs,  and  article  eight 
of  the  amendments  of  said  article,  be  stricken  out,  and  the  following 
inserted : — 

No  person  shall  hold  or  exercise  at  the  same  time  more  than  one 
of  the  following  offices,  to  wit :  the  office  of  governor,  lieutenant-gov 
ernor,  senator,  representative,  judge  of  the  supreme  judicial  court,  or 
court  of  common  pleas,  secretary  of  the  Commonwealth,  attorney- 
general,  treasurer,  auditor,  councillor,  judge  of  probate,  register  of 
probate,  register  of  deeds,  sheriff,  or  his  deputy,  clerk  of  the  supreme 
judicial  court,  or  court  of  common  pleas,  clerk  of  the  Senate  or  House 
of  Representatives;  and  any  person  holding  either  of  the  above  offices 
shall  be  deemed  to  have  vacated  the  same  by  accepting  a  seat  in  the 
congress  of  the  United  States,  or  any  office  under  the  authority  of  the 
United  States,  the  office  of  postmaster  excepted;  and  no  person  shall 
be  capable  of  holding  at  the  same  time  more  than  two  offices  which 
are  held  by  appointment  of  the  governor,  or  governor  and  council,  or 


1853.] 


JOURNAL   OF    THE    CONVENTION.  195 


the  Senate,  or  the  House  of  Representatives ;  military  offices,  and  the 
offices  of  justices  of  the  peace,  justices  of  the  peace  and  quorum,  and 
notaries  public,  excepted ;  and  wheaever  there  shall  be  a  vacancy  of 
any  of  the  above  offices,  the  office  of  governor  and  lieutenant-governor 
excepted,  the  same  may  be  filled. 

That  the  fifth  paragraph  of  said  article  ought  to  be  retained  without 
alteration  or  amendment. 

3.  Resolved,  That  the  eighth  article  of  the  sixth  chapter  be  amended 
by  striking  out  the  words,  "  Senate  and  House  of  Representatives  in," 
and   the  words  "assembled,  and   by  authority  of  the  same,"  and  by 
adding  the  words  "  of  Massachusetts,"  so  that  the  article,  as  amended, 
shall  read : — 

ART.  8.  The  enacting  style  in  making  and  passing  all  acts,  stat 
utes,  and  laws,  shall  be  :  Be  it  enacted  by  the  General  Court  of  Massa 
chusetts. 

4.  Resolved,  That  it  is  inexpedient  to  make  any  constitutional  pro 
vision  relative  to  the  subject  of  the  Order  exempting  a  certain  amount 
of  property  from  attachment  on  rnesne  process. 

5.  Resolved,  That  it  is  inexpedient  to  provide  that  any  persons  may 
act  under  the  Constitution  in  an  official  capacity,  without  at  least  an 
affirmation  that  they  will  discharge   and  perform  all  the  duties  in 
cumbent  upon  them  in  such  capacity,  according  to  the  best  of  their 
abilities  and  understanding,  agreeably  to  the  rules  and  regulations  of 
the  Constitution  and  the  laws  of  the  Commonwealth. 

6.  Resolved,  That  it  is  not  expedient,  by  a  provision  of  the  Consti 
tution,  to  render  any  officer  of  a  banking  company  incapable  of  hold 
ing  any  office  to  which   he  may  be  duly  chosen   by  the  votes  of  the 
people,  or  any  portion  thereof. 

On  motion  of  Mr.  BOUT  WELL,  member  for  Berlin,  the  Resolves  on 
the  subject  of  the  House  of  Representatives  were  taken  from  the 
table,  and 

The  hour  of  half  past  nine  o'clock,  to-morrow,  was  specially  as- 
signed  for  their  consideration. 

Mr.  WILSON,  of  Natick,  moved  that  the  hour  of  half  past  eleven 
o'clock  on  Friday,  be  assigned  for  taking  the  question  on  the  final 
passage  of  the  Resolves. 

Mr.  LORD,  of  Salem,  called  for  the  yeas  and  nays  on  this  motion, 
but  the  demand  was  not  sustained  by  one-fifth  of  the  members  voting. 

The  motion  of  Mr.  Wilson  was  then  agreed  to. 

Mr.  FAY,  of  Southborough,  from  the  Committee  on  Leave  of  Ab 
sence,  submitted  a  Report,  granting  to  Mr.  Taber,  of  New  Bedford, 
leave  of  absence  for  ten  days. 


196  JOURNAL    OF    THE    CONVENTION.  [July  7th, 

The  Report  was  considered,  and  leave  of  absence  granted. 

On  motion  of  Mr.  BIRD,  of  Walpole,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolves  on  the  subject  of  amendments  of  the  Constitution  ;  and  the 
President  requested  Mr.  GrLswold,  member  for  Erving,  to  take  the 
chair. 

Afterwards,  Mr.  GRISWOLD  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no 
conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  a  quarter  past  six  o'clock,  on  motion  of  Mr.  KNIGHT,  of  Peru, 

The  Convention  adjourned. 


THURSDAY,  July  7,  1853. 

M»t  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  CHANDLER,  of  Greenfield,  presented  the  Petition  of  C.  J.  J. 
Ingersoll  and  thirty-eight  other  inhabitants  of  Greenfield,  for  a 
declaration  in  favor  of  protection  to  fugitive  slaves. 

Referred  to  the  Committee  on  the  Bill  of  Rights. 

Mr.  COLE,  of  Cheshire,  offered  the  following  Resolution  : — 

Resolved,  That  the  Constitution  be  so  amended  that  a  majority  of 
the  members  of  the  House  shall  be  necessary  to  constitute  a  quorum. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day. 

The  first  subject,  being  the  Resolve  on  the  subject  of  general  laws 
for  corporations,  was  passed  over. 

The  second  subject  was  the  Resolve  on  the  subject  of  the  enlarge 
ment  and  preservation  of  the  School  Fund. 

Mr.  LOTHROP,  of  Boston,  moved  to  amend  the  Resolve  by  inserting 
after  the  word  "  appropriated,"  in  the  fifth  line,  (printed  copy,)  the 
words  "under  the  direction  of  the  Board  of  Education,  or  such  similar 
agency  as  may  be  provided  by  law ; "  but  the  amendment  was 
rejected. 

The  Resolve  was  then  finally  passed,  as  follows  : — 

Resolved,  That  the  legislature  shall,  as  soon  as  may  be,  provide  for 
•he  enlargement  of  the  School  Fund  of  this  Commonwealth,  until  it 
shall  amount,  at  least,  to  the  sum  of  two  millions  of  dollars ;  and  the 


1853.]  JOURNAL    OF    THE    CONVENTION.  197 

said  fund  shall  be  preserved  inviolate,  and  the  income  thereof  shall 
be  annually  appropriated  for  the  aid  and  improvement  of  the  common 
schools  of  the  State,  and  for  no  other  purpose. 

Mr.  BOUTWELL,  member  for  Berlin,  called  for  the  special  assign 
ment  for  half-past  nine  o'clock,  viz. :  the  Resolves  on  the  subject  of  the 
House  of  Representatives. 

On  motion  of  Mr.  WOOD,  of  Middleborough,  the  Resolves  were 
amended  by  striking  out  the  second  paragraph  of  the  first  Resolve, 
and  substituting  therefor  the  following: — 

Any  two  of  such  towns  may,  by  a  vote  of  a  major  part  of  the  legal 
voters  of  each,  at  legal  meetings  thereof,  and  held  at  some  time  pre 
ceding  the  first  election  which  shall  take  place  under  this  amendment 
to  the  Constitution,  and  thereafter,  at  legal  meetings,  held  at  some 
time  preceding  the  first  election  which  shall  take  place  next  after  each 
decennial  State  census,  unite  together  in  a  district,  which  shall  be  en 
titled  to  a  representative  each  year,  and  which  shall  continue  until  the 
next  decennial  censas,  excepting  the  year  in  which  the  valuation  of 
estates  is  settled. 

At  one  s'clock,  the  Convention  adjourned. 

AFTERNOON  SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  BREED,  of  Lynn,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day  ;  the  first  subject  being  the 
unfinished  business  specially  assigned,  viz. :  the  Resolves  on  the  sub 
ject  of  the  House  of  Representatives. 

Mr.  HALE,  of  Boston,  moved  to  amend  the  Resolves  by  substituting 
therefor  the  following  : — 

Resolved,  That  it  is  expedient  so  to  alter  and  amend  the  Constitu 
tion,  as  to  provide  for  a  periodical  division  of  the  Commonwealth 
into  equal  districts  on  the  basis  of  population,  with  a  view  to  the  es 
tablishment  of  a  House  of  Representatives  on  the  principle  of  equality, 
and  consisting  of  such  a  number  of  members  as  may  be  best  entitled 
to  the  confidence  of  the  people,  and  best  adapted  to  the  convenient 
despatch  of  the  legislative  business.  In  order  thereto,  a  census  of  the 
inhabitants  of  each  city  and  town,  on  the  first  day  of  May  in  the  year 
one  thousand  eight  hundred  and  fifty-four,  and  on  the  first  day  of 
May  in  every  tenth  year  thereafter,  shall  be  taken  and  returned  to  the 
office  of  the  secretary  of  the  Commonwealth,  on  or  before  the  last  day 
of  June  next  ensuing  the  dates  aforesaid.  And  it  shall  be  the  duty  of 


198  JOURNAL    OF    THE    CONVENTION.  [July  8th, 

the  general  court,  which  shall  be  next  chosen  after  the  taking  of  each 
decennial  census,  to  divide  the  towns  and  cities  of  the  Common 
wealth  into  eighty  districts,  in  such  manner  that  each  shall  contain,  as 
nearly  as  may  be,  an  equal  number  of  inhabitants  ;  and  they  shall,  in 
all  cases  where  the  same  shall  be  practicable,  be  formed  by  the  union 
of  towns  and  cities,  or  parts  of  cities,  adjoining  one  aaother ;  and  in 
the  formation  of  such  districts  no  town  shall  be  divided.  But  the 
cities,  when  containing  a  greater  number  of  inhabitants  than  the  aver 
age  of  the  districts  throughout  the  Commonwealth,  shall  be  so  divided 
that  each  district  shall,  as  nearly  as  may  be,  contain  that  number;  and 
any  part  of  the  inhabitants  exceeding  the  number  required  for  the  en 
tire  districts  therein,  shall  be  set  off'  to  form  a  part  of  such  adjoining 
district  as  the  general  court  shall  direct.  The  division  of  cities  into 
districts  shall.be  formed,  and  the  inhabitants  who  may  be  set  off  to 
an  adjoining  district  shall  be  organized  for  the  purpose  of  conducting 
the  elections  therein,  by  the  municipal  authorities  of  the  respective 
cities,  in  the  same  manner  as  the  wards  for  city  purposes  are  consti 
tuted  therein.  And  the  inhabitants  of  each  district  shall  elect  three  rep 
resentatives,  constituting  a  House  of  two  hundred  and  forty  members. 

On  motion  of  Mr.  HALE,  the  yeas  and  nays  were  ordered  upon  the 
adoption  of  the  amendment. 

Mr.  HALLETT,  member  for  Wilbraham,  moved  a  reconsideration  of 
the  vote  by  which  the  Convention,  in  the  morning  session,  agreed  to 
the  amendment  offered  by  Mr.  Wood,  of  Middleborough. 

And  pending  this  question, 

At  six  o'clock,  on  motion  of  Mr.  BRIGGS,  of  Pittsfield, 

The  Convention  adjourned. 


FRIDAY,  July  8,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

On  motion  of  Mr.  JAMES,  of  South  Scituate,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  unfinished  business  of  yesterday,  viz. :  the 
Resolves  on  the  subject  of  the  House  of  Representatives,  and 

The  pending  question  was  upon  the  motion  of  Mr.  Hallett,  mem 
ber  for  Wilbraham,  to  reconsider  the  vote  by  which  the  amendment 
of  Mr.  Wood,  of  Middleborough,  was  adopted. 


1853.] 


JOURNAL    OF    THE    CONVENTION.  199 


The  vote  was  reconsidered,  and  the  question  then  recurring  upon 
the  adoption  of  the  amendment,  it  was,  on  motion  of  Mr.  HALLETT, 
amended  by  substituting  the  following : — 

Any  two  of  such  towns  may,  by  a  vote  of  the  majority  of  the 
legal  voters  present  at  a  legal  meeting,  in  each  of  said  towns  respect 
ively,  called  for  that  purpose,  unite  together  in  a  district,  which  shall  be 
entitled  to  a  representative  each  year;  and  which  shall  continue  not 
less  than  two  years,  excepting  the  year  in  which  the  valuation  of  es 
tates  is  settled. 

The  amendment,  as  amended,  was  then  adopted. 

On  motion  of  Mr.  ABBOTT,  of  Lowell,  the  third  Resolve  was 
amended  by  striking  out  all  after  the  words  "  seasonably  published," 
and  inserting  instead  thereof  the  following  : — 

And  in  all  apportionments  after  the  first,  the  number  which  shall 
entitle  any  city  or  town  to  two,  three,  four,  or  more  representatives, 
shall  be  increased  or  decreased,  in  the  same  proportion  as  the  popula 
tion  of  the  whole  Commonwealth  shall  have  increased  or  diminished 
since  the  last  apportionment. 

Mr.  EARLE,  of  Worcester,  moved  to  amend  the  first  Resolve  by 
adding  at  the  close  of  the  fourth  paragraph  the  word  "and"  ;  striking 
out  the  fifth  and  sixth  paragraphs ;  and  striking  from  the  seventh 
paragraph  the  words  "  containing  over  twelve  thousand  inhabitants," 
and  also  the  word  "  twelve." 

But  the  amendment  was  rejected. 

The  question  was  then  stated  upon  the  amendment,  offered  yester 
day  by  Mr.  Hale,  of  Boston,  modified  by  him,  by  substituting  the 
words  "one  thousand  eight  hundred  and  fifty-five,"  for  the  words 
"  one  thousand  eight  hundred  and  fifty-four,"  in  the  eleventh  and 
twelfth  lines. 

And  the  roll  being  called,  one  hundred  and  twenty-two  mem 
bers  voted  for  the  amendment,  and  two  hundred  and  forty-four 
against  it. 

So  it  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Alfred  A.  Abbott,  Messrs.  James  M.  Beebe, 

Benjamin  P.  Adams,  Luther  V.  Bell, 

P.  Emory  Aldrich,  George  W.  Blagden, 

William  Appleton,  Ebenezer  Bradbury, 

William  Aspinwall,  William  J.  A.  Bradford, 

David  C.  Atwood,  Milton  P.  Braman, 

Joseph  Barrows,  Osmyn  Brewster, 

Sidney  Bartlett,  Francis  Brinley, 


200 


JOURNAL    OF    THE    CONVENTION. 


[July  8th, 


Messrs.  George  N.  Briggs, 
Asa  Bronson, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Josiah  Childs, 
J.  McKean  Churchill, 
Nathaniel  Cogswell, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Francis  B.  Crowninshield,, 
Joseph  Cummings, 
Wilber  Curtis, 
John  Davis, 
Solomon  Davis, 
Henry  L.  Dawes, 
William  Dehon, 
James  C.  Doane, 
James  Easton,  2d, 
Lilley  Eaton, 
Homer  Ely, 
A.  G.  Farvrell, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Henry  J.  Gardner, 
Joel  Giles, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Simon  Greenleaf,, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond*, 
George  Haskell, 
Elnathan,  P.  Hathaway, 
George  Hayward, 
Charles  Heard, 
Henry  Hersey, 
George  S.  Hillard, 
Thomas  Hopkinson^ 
William  J.  Hubbard, 
Asahel  Huntingtos, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
Henry  W.  Kinsman,, 


Messrs.  George  H.  Kuhn, 
John  S.  Ladd, 
Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Henry  K.  Oliver, 
Nathan  Orcutt, 
James  W.  Paige, 
John  G.  Park, 
Joel  Parker, 
Samuel  D.  Parker, 
George  Peabody, 
Jonathan  C.  Perkins, 
William  C.  Plunkett, 
Jonathan  Preston, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
George  R.  Sampson, 
John  Sargent, 
William  Schouler, 
John  S.  Sleeper, 
Eben  H.  Stacy, 
Caleb  Stetson, 
Charles  G.  Stevens, 
Joseph  L.  Stevens,  Jr., 
J.  Thomas  Stevenson, 
Charles  Sumner, 
Alanson  Swain, 
Ralph  Taylor, 
Joseph  Thayer, 
Edmund  P.  Tileston, 
John  S.  Tyler, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Samuel  Walker, 
Cyrus  Weeks, 
Thomas  Wetmore, 
Joseph  Wilbur, 
Joel  Wilder, 
John  H.  Wilkins, 
Ezra  Wilkinson, 
Milo  Wilson, 
Jonathan  B.  Winn. 


1653.] 


JOURNAL    OF    THE    CONVENTION. 


201 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Josiah  G.  Abbott, 
Shubael  P.  Adams, 
Charles  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
John  B.  Alley, 
Josiah  Allis, 
D.  W.  Alvord, 
Samuel  Ayres, 
Alvah  Ballard, 
George  S.  Ball, 
Alpheus  Bancroft, 
Russel  Bartlett, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
John  Beal, 

"William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
Gad  O.  Bliss, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Adolphus  F.  Brown, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Anson  Burlingame, 
Henry  Cady, 
William  Carruthers, 
Isaac  Case, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Daniel  E.  Chapin, 
Henry  Chapin, 
Henry  Clark, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
Stillraan  Clarke, 
William  Cleverly, 
Lansing  J.  Cole, 
Sumner  Cole, 


Messrs.  George  B.  Crane, 
OliverS.  Cressy, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr., 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Robert  T.  Davis, 
Gilman  Day, 
Silas  Dean, 
Elijah  S.  Deming, 
Augustus  Denton, 
Alexander  De  Witt, 
Moses  Dor  man, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Richard  Frothingham,  Jr., 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Washington  Gilbert, 
Charles  G.  Giles, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 


202 


JOURNAL    OF    THE    CONVENTION. 


[July  8th, 


Messrs.  Whiting  Griswold, 
Samuel  P.  Hadley, 
Charles  B.  Hall, 
Benjamin  F.  Hallett, 
Lyraan  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
Samuel  Henry, 
James  Hewes, 
William  H.  Hewes, 
William  Hiiisdale, 
Aaron  Hobart, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Charles  P.  Hunting-ton, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
John  Johnson, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Abishai  Lincoln, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Charles  Mason, 
Reuben  Meader, 
Simeon  Merritt, 


Messrs.  James  L.  Monroe, 
James  M.  Moore, 
Joseph  B.  Morss, 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
Charles  Newman, 
William  Nichols, 
Alfred  Norton, 
Daniel  Noyes, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Sylvanus  B.  Phinney, 
Henry  Pierce, 
Jeremiah  Pomroy, 
James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam, 
Silas  Rawson, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
Luther  Sheldon, 
John  Sherril, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Granville  Stevens, 


1853.]                                JOURNAL  OF    THE    CONVENTION.                                 203 

Messrs.  William  Stevens,  Messrs.  Marshal  Warner, 

Gideon  Stiles,  Samuel  Warner,  Jr., 

Alfred  L.  Strong,  Asa  H.  Waters, 

Increase  Sumner,  Gershom  B.  Western, 

Thomas  Talbot,  William  F.  Wheeler, 

Willard  Thayer,  2d,  Benjamin  White, 

John  W.  Themas,  George  White, 

Abraham  Tilton,  Daniel  S.  Whitney, 

Horatio  W.  Tilton,  Henry  Williams, 

David  P.  Turner,  J.  B.  Williams, 

William  Tyler,  Henry  Wilson, 

Orison  Underwood,  Willard  Wilson, 

Joel  Viles,  Levi  M.  Winslow, 

George  A.  Vinton,  Charles  C.  Wood, 

Frederick  T.  Wallace,  Nathaniel  Wood, 

Freeland  Wallis,  Otis  Wood, 

Amasa  Walker,  William  H.  Wood, 

Andrew  H.  Ward,  Ezekiel  Wright. 

On  motion  of  Mr.  GRAY,  of  Boston,  the  yeas  and  nays  were  ordered 
on  the  final  passage  of  the  Resolves. 

Mr.  WOOD,  of  Fitchburg,  moved  a  suspension  of  the  rule  requiring 
that  the  names  of  members  shall  be  called  in  alphabetical  order ;  but 
the  motion  was  rejected. 

The  roll  was  then  called,  and  two  hundred  and  thirty-five  members 

voted  for  the  final  passage  of  the  Resolves,  and  one  hundred  and 
thirty-one  in  opposition. 

Those  who  voted  in  the  affirmative  are  : — 

Messrs.  Josiah  G.  Abbott,  Messrs.  Francis  W.  Bird, 

Shubael  P.  Adams,  Henry  W.  Bishop, 

Charles  Allen,  Gad  O.  Bliss, 

Joel  C.  Allen,  William  S.  Booth, 

Parsons  Allen,  George  S.  Boutwell, 

John  B.  Alley,  Sewell  Boutwell, 

Josiah  Allis,  Hiram  N.  Breed, 

D.  W.  Alvord,  Adolphus  F.  Brown, 

George  Austin,  Alpheus  R.  Brown, 

Samuel  Ayres,  Artemas  Brown, 

Hillel  Baker,  Hammond  Brown, 

Alvah  Ballard,  Hiram  C.  Brown, 

George  S.  Ball,  Frederick  Brownell, 

Alpheus  Bancroft,  Joseph  Brownell, 

Russel  Bartlett,  Patrick  Bryant, 

Marcus  Barrett,  Asahel  Buck, 

Eliakim  A.  Bates,  Anson  Burlingame, 

Moses  Bates,  Jr.,  Henry  Cady, 

John  Beal,  William  Carruthers, 

William  Bennett,  Jr.,  Isaac  Case, 

Zephaniah  Bennett,  Amariah  Chandler, 

Edward  B.  Bigelow,  Daniel  E.  Chapin, 


204 


JOURNAL    OF    THE    CONVENTION. 


[July  8th, 


Messrs.  Henry  Chapin, 
Henry  Clark, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
Stillman  Clarke, 
William  Cleverly, 
Lansing  J.  Cole, 
Sumner  Cole, 
Henry  F,  Cooledge, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
"Wilber  Curtis, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr., 
Ebenezer  Davis, 
Isaac  Davis, 
Gilman  Day, 
Silas  Dean, 
Elijah  S.  Deming, 
Augustus  Denton, 
Alexander  De  Witt, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
James  Easton,  2d, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Washington  Gilbert, 


Messrs.  Charles  G.  Giles, 
Joel  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Seth  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Stephen  E.  Hawkes, 
Isaac  Hay  den, 
Ezra  Heath,  2d, 
Samuel  Henry, 
James  Hewes, 
William  Hinsdale, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Isaac  Kendall, 
Edward  L.  Keyes, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Alden  Leland, 
Abishai  Lincoln, 
Otis  Little, 
Tristram  Littlefield, 
Justin  E.  Loomis, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Charles  Mason, 
Reuben  Meader, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


205 


Messrs.  Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
Charles  Newman, 
William  Nichols, 
Alfred  Norton, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Sylvan  us  B.  Phinney, 
Henry  Pierce, 
Jeremiah  Pomroy, 
James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam, 
Silas  Rawson, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  II .  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 


Messrs.  Chester  Sanderson, 
Luther  Sheldon, 
John  Sherril, 
Chester  Sikes, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Charles  Sumner, 
Increase  Sumner, 
Alanson  Swain, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
David  P.  Turner, 
William  Tyler, 
Orison  Underwood, 
JoelViles, 
George  A.  Vinton, 
Frederick  T.  Wallace, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Samuel  Warner,  Jr., 
Gershom  B.  Weston, 
Benjamin  White, 
George  White, 
Daniel  S.  Whitney, 
J.  B.  Williams, 
Henry  \\  ilson, 
Willard  Wilson, 
Levi  M.  Wirislow, 
Charles  C.  W^ood, 
Nathaniel  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Alfred  A.  Abbott, 

Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
William  Appleton, 
William  Aspinwall, 
David  C.  Atwood, 
Joseph  Barrows, 


Messrs.  Sidney  Bartlett, 

Erasmus  D.  Beach, 
Luther  V.  Bell, 
George  W.  Blagden, 
Ebenezer  Bradbury, 
William  J.  A.  Bradford, 
Milton  P.  Braman, 


206 


JOURNAL    OF    THE    CONVENTION. 


[July  8th, 


Messrs.  Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Asa  Bronson, 
Rufus  BuUock, 
Cephas  C.  Burapus, 
Chester  W.  Chapin, 
Josiah  Childs, 
J.  McKean  Churchill, 
Nathaniel  Cogswell, 
Charles  E.  Cook, 
Benjamin  F.  Copeland, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Francis  B.  Crowninshield, 
Joseph  Cummings, 
Charles  G.  Davis, 
John  Davis, 
Robert  T.  Davis, 
Solomon  Davis, 
Henry  L.  Dawes, 
James  C.  Doane, 
Moses  Dorman, 
Lilley  Eaton, 
Homer  Ely, 
A.  G.  Farwell, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Henry  J.  Gardner, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Simon  Greenleaf, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
George  Haskell, 
Elnathan  P.  Hathaway, 
George  Haywar&> 
Charles  Heard, 
Henry  Hersey, 
William  H.  Hewes, 
George  S.  Hillard, 
Foster  Hooper, 
Thomas  Hopkinson, 
William  J.  Hubbard, 
Asahel  Huntington, 
Charles  P.  Huntington, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 


Messrs.  Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
Henry  W.  Kinsman, 
George  H.  Kuhn, 
John  S.  Ladd, 
Job  G.  Lawton,  Jr., 
Frederic  W.  Lincoln,  Jr., 
Isaac  Livermore, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
Joseph  B.  Morss, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Daniel  Noyes, 
Joseph  E.  Ober, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
James  W.  Paige, 
John  G.  Park, 
Joel  Parker, 
Samuel  D.  Parker, 
George  Peabody, 
Jonathan  C.  Perkins, 
William  C.  Plunkett, 
Jonathan  Preston, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
George  R.  Sampson, 
John  Sargent, 
William  Schouler, 
John  S.  Sleeper, 
Eben  H.  Stacy, 
Caleb  Stetson, 
Charles  G.  Stevens, 
Granville  Stevens, 
Joseph  L.  StevaHs,  J^, 
J.  Thomas  Stevenson, 
Thomas  Talbot, 
Ralph  Taylor, 
Joseph  Thayer, 
Charles  Thompson, 
Edmund  P.  Tileston, 
John  S.  Tyler, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Samuel  Walker, 
Asa  H.  Waters, 


1863.]  JOURNAL    OF    THE    CONVENTION.  207 

Messrs.  Cyrus  Weeks,  Messrs.  John  H.  Wilkins, 
Thomas  Wetmore,  Ezra  Wilkinson, 

William  F.  Wheeler,  Henry  Williams, 

Daniel  Wilbur,  Mil°  Wilson, 

Joseph  Wilbur,  Jonathan  B.  Winn. 

Joel  Wilder, 

The  Resolves,  as  finally  passed,  are  as  follow : — 

That  the  Constitution  be  so  revised,  and  altered,  that  the  represen 
tation  of  the  Commonwealth  shall  be  apportioned  as  follows : — 

Every  town,  of  a  less  number  than  one  thousand  inhabitants,  shall 
be  entitled  to  five  representatives,  in  each  ten  years,  with  an  additional 
representative  for  the  year  when  the  valuation  of  estates  shall  be 
settled. 

Any  two  of  such  towns  may,  by  a  vote  of  a  majority  of  the  legal 
voters  present  at  a  legal  meeting  in  each  of  said  towns  respectively, 
called  for  that  purpose,  unite  together  in  a  district,  which  shall  be 
entitled  to  a  representative  each  year,  and  which  shall  continue  not 
less  than  two  years,  excepting  the  year  in  which  the  valuation  of 
estates  shall  be  settled. 

Every  town  of  one  thousand  inhabitants,  and  of  less  than  four 
thousand,  shall  be  entitled  to  one  representative  each  year. 

Every  town  of  four  thousand  inhabitants,  and  of  less  than  eight 
thousand,  shall  be  entitled  to  two  representatives  each  year. 

Every  town  of  eight  thousand  inhabitants,  and  of  less  than  twelve 
thousand,  shall  be  entitled  to  three  representatives  each  year. 

Every  city  or  town  of  twelve  thousand  inhabitants,  shall  be  en 
titled  to  four  representatives  each  year. 

Every  city  or  town  containing  over  twelve  thousand  inhabitants, 
shall  be  entitled  to  elect  one  additional  representative  for  every  five 
thousand  inhabitants  it  may  contain  over  twelve  thousand. 

Resolved,  That  this  apportionment  be  based  upon  the  census  of 
1850,  until  a  new  census  be  taken. 

Resolved,  That  the  Senate,  at  its  first  session  after  this  Constitution 
shall  have  been  adopted,  and  at  its  first  session  after  the  next  State 
census  shall  have  been  taken,  and  at  its  first  session  next  after  each 
decennial  State  census  thereafter  wards,  shall  apportion  the  number 
of  representatives  to  which  each  town  and  city  shall  be  entitled,  and 
shall  cause  the  same  to  be  seasonably  published  ;  and  in  all  apportion 
ments  after  the  first,  the  number  which  shall  entitle  any  city  or  town 
to  two,  three,  four  or  more  representatives,  shall  be  increased  or 
decreased  in  the  same  proportion  as  the  population  of  the  whole 


208  JOURNAL    OF    THE    CONVENTION.  [July  8th, 

Commonwealth  shall  have  increased  or  diminished  since  the  last  appor 
tionment. 

Resolved,  That  no  town  hereafter  be  incorporated  with  a  privilege 
of  representation  as  such,  containing  less  than  fifteen  hundred  inhab 
itants. 

Resolved^  That  each  city  in  this  Commonwealth  shall  be  divided, 
by  such  means  as  the  legislature  may  provide,  into  districts  of  con 
tiguous  territory,  as  nearly  equal  in  population  as  may  be,  for  the 
election  of  representatives,  which  districts  shall  not  be  changed  oftener 
than  once  in  five  years :  provided,  however,  that  no  one  district  shall 
be  entitled  to  elect  more  than  three  representatives. 

At  one  o'clock,  on  motion  of  Mr.  WILSON,  of  Natick, 
The  Convention  adjourned. 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  MORTON,  of  Taunton,  offered  a  Resolution,  instructing  the 
Committee  appointed  to  Reduce  the  Amendments  to  Form,  to  prepare 
certain  questions  to  be  submitted  to  the  people,  on  the  subject  of  the 
House  of  Representatives. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  SUMNER,  member  for  Marshfield,  from  the  Committee  on  the 
Bill  of  Rights,  submitted  a  Report  and  Resolves  on  that  subject. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

On  motion  of  Mr.  STETSON,  of  Braintree,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report,  inexpedient  to  act  on  the  subject  of  the  loan  of  the  State 
credit;  and  the  President  requested  Mr.  Boutwell,  member  for  Berlin, 
to  take  the  chair. 

Afterwards,  Mr.  BOUTWELL,  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  six  o'clock,  on  motion  of  Mr.  PARSONS,  of  Sandisfield, 

The  Convention  adjourned. 


1853.]  JOURNAL   OF    THE    CONVENTION.  209 

SATURDAY,  July  9,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap- 
Iain.  The  Journal  of  yesterday  was  read. 

Mr.  EAMES,  of  Washington,  presented  the  Petition  of  Otis  F.  R. 
Waite  and  eleven  others,  inhabitants  of  Pittsfield,  for  the  preservation 
of  town  representation. 

Laid  upon  the  table. 

On  motion  of  Mr.  GARDNER,  of  Seekonk> 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  to  meet 
again  on  Monday,  at  ten  o'clock. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Order  of  the  Convention 
requiring  an  adjournment  of  the  morning  session  at  one  o'clock,  was 
so  far  modified  as  to  extend  the  hour,  for  this  day,  until  two  o'clock. 

Mr.  WHITE,  of  Quincy,  moved  a  reconsideration  of  the  vote  by 
which  the  Resolves  on  the  subject  of  the  House  of  Representatives, 
were  finally  passed. 

Placed  in  the  Orders  of  the  Day. 

On  motion  of  Mr.  WALKER,  of  North  Brookfield,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con 
sidering  the  Report  of  the  Committee  on  the  Qualifications  of  Voters, 
inexpedient  to  act  upon  the  subject  of  various  Orders  and  Petitions 
committed  to  them ;  and  the  President  requested  Mr.  Aspinwall,  of 
Brookline,  to  take  the  chair. 

Afterwards,  Mr.  ASPINWALL  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

And  it  was  accordingly  accepted. 

On  motion  of  Mr.  WHITNEY,  of  Conway, 

Ordered,  That  debate  in  Committee  of  the  Whole,  on  the  subject 
of  the  loan  of  the  State  credit,  shall  cease  in  one  hour  after  the  Con 
vention  goes  into  committee  on  that  subject. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report,  inexpedient  to  act  upon  the  subject  of  the  loan  of  the 
State  credit ;  and  the  President  requested  Mr.  Boutwell,  member  for 
Berlin,  to  take  the  chair. 

Afterwards,  Mr.  BOUTWELL  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Report  ought  to  be  accepted. 

The  question  being  upon  concurrence  with  the  Committee  of  the 
Whole  in  accepting  the  Report, 

Mr.  BIRD,  of  Walpole,  moved  the  Previous  Question. 

14 


210  JOURNAL    OF    THE    CONVENTION.  [July  9th, 

Mr.  WEEKS,  of  Harwich,  called  for  the  yeas  and  nays  upon  this 
motion ;  and  then,  no  objection  being  made, 

Mr.  BIRD  withdrew  his  motion. 

Mr.  MORTON,  of  Taunton,  moved  to  amend  the  Report,  by  striking 
out  the  words  "  it  is  inexpedient  to  act  thereon,"  and  insert  instead 
thereof,  the  following : — 

The  Constitution  ought  to  be  so  amended  as  to  provide,  that 
1st.  The  legislature  shall  not  hereafter  have  power,  directly  or 
indirectly,  to  grant  or  loan  the  credit  of  the  State,  or  create  any  lia 
bility  on  behalf  of  the  State  in  aid  of  any  individual,  corporation  or 
association.  But  the  legislature  may  submit  to  the  people  a  proposi 
tion  to  make  any  such  loan  or  grant,  which,  if  adopted  by  a  majority 
of  all  the  legal  voters  voting  thereon,  shall  authorize  the  same. 

2d.  The  legislature  shall  not,  hereafter,  in  any  manner,  create  any 
debt  or  debts,  which  shall  singly  or  in  the  aggregate,  with  any  pre 
existing  debts  hereafter  created,  exceed  the  sum  of  one  million  of 
dollars,  except  to  repel  invasion  or  suppress  insurrection. 

After  debate,  on  motion  of  Mr.  BUTLER,  of  Lowell, 

Ordered,  That  debate  shall  cease  on  the  question  at  ten  minutes 
before  one  o'clock. 

On  motion  of  Mr.  STETSON,  of  Braintree,  the  yeas  and  nays  were 
ordered  upon  the  adoption  of  the  amendment. 

The  hour  having  arrived  for  the  debate  to  close, 

The  roll  was  called,  and  one  hundred  and  four  members  voted  for 
the  amendment,  and  one  hundred  and  thirty-seven  against  it. 

So  it  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Alfred  A.  Abbott,  Messrs.  Asahel  Buck, 

Josiah  G.  Abbott,  Cephas  C.  Bumpus, 

Parsons  Allen,  Daniel  E.  Chapin, 

George  Austin,  Josiah  Childs, 

Samuel  Ayres,  J.  McKean  Churchill, 

Sidney  Bartlett,  Nathaniel  Cogswell, 

Russel  Bartlett,  Lansing  J.  Cole, 

Erasmus  D.  Beach,  Sumner  Cole, 

John  Beal,  Benjamin  F.  Copeland, 

James  M.  Beebe,  George  B.  Crane, 

Gad  O.  Bliss,  Seth  Crowell, 

Hiram  N.  Breed,  Francis  B.  Crowninshield, 

Osmyn  Brewster,  Solomon  Davis, 

George  N.  Briggs,  Silas  Dean, 

Asa  Bronson,  Elijah  S.  Deming, 

Hiram  C.  Brown,  Augustus  Denton, 

Frederick  Brownell,  James  C.  Doane, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


211 


Messrs.  B radish  Dunham, 
John  M.  Earle, 
Peter  Easland, 
Ezekiel  W.  Fitch, 
Samuel  Fowle, 
Henry  J.  Gardner, 
Wanton  C.  Gilbert, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
Dalton  Goulding, 
Benjamin  F.  Hallett, 
A.  B.  Hammond, 
Seth  Hapgood, 
George  Haskell, 
Elnathan  P.  Hathaway, 
Charles  Heard, 
Henry  Hersey, 
Aaron  Hobart, 
Henry  Hobart, 
Thomas  Hopkinson, 
William  J.  Hubbard, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
John  Johnson, 
Hiram  Knight, 
Jefferson  Knight, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Abishai  Lincoln, 
Tristram  Littlefield, 
Samuel  Mixter, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 


Messrs.  Jonathan  Nayson, 
Charles  Newman, 
William  Nichols, 
Alfred  Norton, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Benjamin  S.  Orne, 
Adolphus  G.  Parker, 
Joel  Parker, 
Jeremiah  Pease,  Jr., 
Noah  C.  Perkins, 
Robert  Rantoul, 
Daniel  Richardson, 
John  Sargent, 
Perez  Simmons, 
John  W.  Simonds, 
Caleb  Stetson, 
Granville  Stevens, 
Gideon  Stiles, 
Thomas  Talbot, 
Ralph  Taylor, 
Horatio  W.  Tilton, 
David  P.  Turner, 
William  Tyler, 
Bradford  L.  Wales, 
Freeland  Wallis, 
Samuel  Walker, 
Andrew  H.  Wardt 
Cyrus  Weeks, 
Daniel  Wilbur, 
Joseph  Wilbur, 
Henry  Williams, 
J.  B.  Williams, 
Willard  Wilson, 
Otis  Wood, 


Those  who  voted  in  the  negative  are : — 


Messrs.  Benjamin  P.  Adams, 
Shubael  P.  Adams, 
P.  Emory  Aldrich, 
John  B.  AUey, 
Josiah  Allis, 
D.  W.  Alvord, 
William  Aspinwall, 
Hillel  Baker, 
Alvah  Ballard, 
George  S.  Ball, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
William  Bennett,  Jr., 
Edward  B.  Bigelow, 


Messrs.  Francis  W.  Bird, 
Henry  W.  Bishop, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
Milton  P.  Braman, 
Francis  Brinley, 
Hammond  Brown, 
Patrick  Bryant, 
Benjamin  F.  Butler, 
Henry  Cady, 
Amariah  Chandler, 
Henry  Chapin, 
Ransom  Clark, 
William  Cleverly, 
Charles  E.  Cook, 


212 


JOURNAL    OF    THE    CONVENTION. 


[July  9th, 


Messrs.  Henry  F.  Cooledge, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Joseph  Cummings, 
Wilber  Curtis, 
Henry  "W.  Cushman,. 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr,r 
Henry  L.  Dawes, 
Oilman  Day, 
Hiram  S.  Denison, 
Samuel  Duncan, 
John  M.  Durgin, 
Philip  Eames, 
Lilley  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sulliyan  Fay, 
Lyman  Fisk, 
Aaron  Foster, 
Abram  Foster, 
James  M.  Freeman, 
Samuel  French, 
Luther  Gale, 
Elbridge  Gates, 
Charles  G.  Giles* 
Joel  Giles, 
Jason  Goulding, 
John  W.  Graves, 
John  C.  Gray, 
Jabez  Green, 
"William  B.  Greene,, 
Josiah  W.  Griswoldv 
"Whiting  Griswold, 
Lyman  W.  Hapgoodv 
Phineas  Harmon, 
Stephen  E.  Hawkey 
Isaac  Hayden, 
Ezra  Heath,  2d, 
William  Hinsdale, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Henry  K.  Hoyt, 
John  Jacobs, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Joseph  Kingman, 
Joseph  Knight, 
William  H.  Knowlton, 
John  S.  Ladd, 
Wilber  C.  Langdon, 


Messrs.  Luther  Lawrence, 
Justin  E.  Loomis, 
Abijah  P.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Hiram  Nash, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
John  G.  Park, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
Charles  Phelps, 
Henry  Pierce, 
Jeremiah  Pomroy, 
James  M.  Pool, 
Sampson  Reed, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
Amasa  Sanderson, 
Chester  Sanderson, 
William  Schouler, 
John  Sherril, 
Chester  Sikes, 
John  S.  Sleeper, 
John  Souther, 
Samuel  W.  Spooner, 
William  Stevens, 
J.  Thomas  Stevenson, 
Increase  Sumner, 
John  W.  Thomas, 
Charles  Thompson, 
Charles  R.  Train, 
Orison  Underwood, 
Joel  Viles, 

Gershom  B.  Weston, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Joel  Wilder, 
John  H.  Wilkins, 
Henry  Wilson, 
Jonathan  B.  Winn. 


1853.]  JOURNAL    OF    THE    CONVENTION.  213 

Mr.  STETSON,  of  Braintree,  moved  an  adjournment,  but  the  motion 
was  rejected. 

Mr.  GILES,  of  Boston,  moved  to  amend  the  Report  by  substituting 
the  following  Resolution  : — 

Resolved,  That  the  legislature  shall  not  have  power  to  grant  the 
credit  of  the  State  to  any  individual  or  corporation,  without  a  two- 
thirds  vote  of  the  House  of  Representatives  and  the  Senate  in  its 
favor. 

The  amendment  was  adopted  by  a  vote  of  one  hundred  and  four 
teen  in  the  affirmative  to  seventy-six  in  the  negative. 

And  the  Resolve  was  ordered  to  a  second  reading. 

At  half-past  one  o'clock,  on  motion  of  Mr.  THOMPSON,  of  Charles- 
town, 

The  Convention  adjourned. 


MONDAY,  July  11,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  Rev.  Mr. 
COGSWELL,  of  Yarmouth,  a  member  of  the  Convention.  The  Jour 
nal  of  Saturday  was  read. 

Mr.  HALLETT,  member  for  Wilbraham,  offered  the  following  Reso 
lution,  which,  on  his  motion,  was  referred  to  a  select  committee,  to 
consist  of  five  members  : — 

Resolved,  That  the  Constitution  ought  to  provide,  in  addition  to 
the  remedies  now  recognized  therein  for  all  injuries  to  person  and 
property,  that  a  remedy  shall  be  given  to  the  legal  representatives  of 
any  deceased  person,  whose  death  was  caused  by  the  negligence  or 
misconduct  of  a  railroad  corporation,  in  the  same  manner  as  for  like 
injuries  resulting  in  disability  and  not  in  death. 

Mr.  THOMPSON,  of  Charlestown,  moved  a  reconsideration  of  the 
vote  by  which  the  Resolve  on  the  subject  of  loaning  the  State  credit 
was  ordered  to  a  second  reading. 

Placed  in  the  Orders  of  the  Day  for  to-morrow. 

On  motion  of  Mr.  EARLE,  of  Worcester,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject,  viz. :  the  motion  of  Mr.  White,  of  Quincy,  that 
the  vote  by  which  the  Resolves  on  the  subject  of  the  House  of  Rep 
resentatives  were  finally  passed  be  reconsidered,  was, 


214:  JOURNAL    OF    THE    CONVENTION.  [July  llth, 

On  motion  of  Mr.  WHITE, 

Laid  upon  the  table. 

The  second  subject,  viz. :  the  Resolve  on  the  subject  of  general  laws 
for  corporations, 

And  the  third  subject,  viz.:  the  Resolve  in  favor  of  amending  section 
2,  chapter  5,  of  the  Constitution,  by  striking  therefrom  the  words 
"  University  at  Cambridge," 

Were  passed  over. 

And  then,  on  motion  of  Mr.  BUTLER,  of  Lowell, 

The  Orders  of  the  Day  were  laid  upon  the  table. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  judiciary,  and  the  President  re 
quested  Mr.  Hallett,  member  for  Wilbraham,  to  take  the  chair. 

Afterwards,  Mr.  HALLETT  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no  con 
clusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  one  o'clock,  on  motion  of  Mr.  PERKINS,  of  Maiden, 

The  Convention  adjourned. 

AFTERNOON    SESSION. 

Met  according  to  adjournment. 

Mr.  MARVIN,  of  Winchendon,  moved  a  reconsideration  of  the  vote 
by  which  the  Report  of  the  Committee  on  the  Qualifications  of 
Voters,  inexpedient  to  act  upon  the  subject  of  various  orders  and 
petitions,  was  accepted. 

Placed  in  the  Orders  of  the  Day. 

On  motion  of  Mr.  WHITE,  of  Quincy,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  the  judiciary,  and  the  President  re 
quested  Mr.  Hallett,  member  for  Wilbraham,  to  take  the  chair. 

Afterwards,  Mr.  HALLETT  reported  the  Resolves  to  the  Convention, 
with  amendments,  as  follow  : — 

In  the  first  Resolve,  striking  out  the  word  "respectively";  inserting 
the  words  "  and  council "  after  the  word  "  governor,"  and  the  words 
"  or  either  of  them  "  after  the  word  "  legislature." 

Also,  striking  out  all  of  the  fourth  Resolve,  after  the  word  "  Re 
solved,"  and  inserting  instead  thereof  the  following  : — 

That  it  is  proper  and  expedient  so  to  amend  the  Constitution  as  to 


1853.]  JOURNAL    OF    THE    CONVENTION.  215 

provide  that  the  justices  of  the  supreme  judicial  court  shall  be  ap 
pointed  for  the  term  of  ten  years,  and  the  justices  of  such  inferior 
courts  as  are  or  may  be  established  by  law,  for  the  term  of  seven 
years  ;  said  justices  to  be  eligible  to  reappointment,  but  in  no  case  to 
continue  in  office  after  attaining  seventy  years  of  age. 

The  amendments  to  the  first  Resolve  were  concurred  in. 

Mr.  HOOPER,  of  Fall  River,  moved  to  amend  the  proposed  amend 
ment  to  the  third  Resolve  by  striking  out  the  word  "  appointed,"  and 
inserting  instead  thereof  the  words  "  elected  by  the  people  of  the 
Commonwealth." 

And  on  this  question  he  called  for  the  yeas  and  nays  ;  which  were 
ordered. 

On  motipn  of  Mr.  MORTON,  of  Taunton,  the  further  consideration 
of  the  subject  was  postponed  until  Wednesday  next,  at  ten  o'clock, 
and  assigned  for  consideration  at  that  time. 

On  motion  of  Mr.  NAYSON,  of  Amesbury,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolves  on  the  subject  of  amendments  of  the  Constitution,  being  the 
unfinished  business  of  the  session  of  July  6th,  and  the  President  re 
quested  Mr.  Griswold,  member  for  Erving,  to  take  the  chair. 

Afterwards,  Mr.  GRISWOLD  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  had  come  to 
no  conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  six  o'clock,  on  motion  of  Mr.  PARSONS,  of  Sandisfield, 

The  Convention  adjourned. 


TUESDAY,  July  12,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  KNOWLTON,  of  Worcester,  from  the  Committee  on  the  Uni 
versity  at  Cambridge,  submitted  a  Report,  enclosing  letters  from  the 
Treasurers  of  Amherst  College,  Williams  College,  and  Harvard  Col 
lege,  giving  information  in  answer  to  an  Order  of  the  Convention  of 
May  19th. 

Laid  upon  the  table,  and  ordered  to  be  printed. 

On  motion  of  Mr.  GREENE,  of  Brookfield,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report  of  the  Committee  on  the  Qualifications  of  Voters, 


216  JOURNAL   OF    THE    CONVENTION.  [July  12th, 

leave  to  withdraw  to  Francis  Jackson  and  others,  petitioners  that  the 
word  "male"  may  be  struck  out  of  the  Constitution,  and  Mrs.  Abby 
B.  Alcott  and  other  women  of  Massachusetts,  petitioners  that 
women  may  be  allowed  to  vote  on  the  amendments  of  the  Con 
stitution  ;  and  the  President  requested  Mr.  Butler,  of  Lowell,  to  take 
the  chair. 

Afterwards,  Mr.  BUTLER  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no 
conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

Mr.  BOUTWELL,  member  for  Berlin,  announced  the  death  of  Mr. 
Francis  R.  Gourgas,  Delegate  in  the  Convention  from  the  town  of 
Concord ; 

And  moved  that  a  committee  be  appointed  to  consider  what  notice 
the  Convention  ought  to  take  of  the  event. 

The  motion  was  seconded  by  Mr.  WILSON,  of  Natick. 

And  after  further  remarks  by  Messrs.  SCHOULER,  of  Boston,  BUR- 
LINGAME,  member  for  Northborough,  WALKER,  of  North  Brookfield, 
HOBBS,  of  Weston,  BROWN,  of  Medway,  BIRD,  of  Walpole,  DURGIN, 
of  Wilmington,  CROSS,  of  West  Boylston,  BRIGGS,  of  Pittsfield,  and 
HOPKINSON,  of  Boston, 

The  motion  was  agreed  to  ;  and  the  President  appointed  the  com 
mittee,  consisting  of  the  following  gentlemen,  viz. : — Messrs.  Bout- 
well,  member  for  Berlin,  Briggs,  of  Pittsfield,  Wilson,  of  Natick, 
Schouler,  of  Boston,  Alley,  of  Lynn,  and  Bliss,  of  Longmeadow. 

Afterwards,  Mr.  BOUTWELL,  in  behalf  of  the  committee,  submitted 
the  following  Resolves  : — 

Resolved,  That  the  Convention  has  heard  with  regret  the  death  of 
Mr.  FRANCIS  R  GOURGAS,  a  Delegate  from  the  town  of  Concord. 

Resolved,  That  we  deeply  sympathize  with  those  relatives  and 
friends  upon  whom  this  great  calamity  has  fallen. 

Resolved,  That  as  a  token  of  our  respect  for  the  deceased,  a  com 
mittee  of  twenty  members  be  appointed  to  attend  his  funeral  to 
morrow  at  Concord. 

Resolved,  That  a  copy  of  these  Resolves  be  forwarded  to  the  family 
of  the  deceased. 

Resolved,  That  these  Resolves  be  entered  upon  the  Journal  of  the 
Convention,  and  that,  in  sorrow  for  our  loss,  this  Convention  now 
adjourn  until  nine  o'clock  to-morrow  morning. 

The  Resolves  were  unanimously  adopted,  and  at  a  quarter  before 
twelve  o'clock, 

The  Convention  adjourned. 


1853.]  JOURNAL    OF    THE    CONTENTION.  217 


WEDNESDAY,  July  13,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  DUNHAM,  of  Savoy,  presented  the  Petition  of  James  Cain  and 
one  hundred  and  sixteen  others,  for  the  preservation  of  town  repre 
sentation. 

Laid  upon  the  table. 

The  PRESIDENT  appointed  the  following  gentlemen  to  constitute  the 
committee,  under  the  Resolve  adopted  yesterday,  to  attend  the  funeral 
of  Mr.  Gourgas,  lately  a  Delegate  in  the  Convention,  from  Concord  : 

Messrs.  Boutwell,  member  for  Berlin,  Briggs,  of  Pittsfield,  Wilson, 
of  Natick,  Schouler,  of  Boston,  Bell,  of  Somerville,  Weston,  of  Dux- 
bury,  Morton,  of  Andover,  Upham,  of  Salem,  Earle,  of  Worcester, 
Gilbert,  of  Plainfield,  Whitney,  of  Conway,  Stevens,  of  Clinton,  Bliss, 
of  Longmeadow,  Ward,  of  Newton,  Bird,  of  Walpole,  Thompson,  of 
Charlestown,  Hobbs,  of  Weston,  Ide,  of  Attleboro',  Phinney,  mem 
ber  for  Chatham,  Norton,  of  Tisbury,  and  Meader,  of  Nantucket. 

The  following  communication  from  the  President  of  the  Fitchburg 
Railroad  Company,  was  read  : — 

OFFICE  OF  THE  FITCHBURG  R.  R.  Co., 

BOSTON,  July  12th,  1853. 
Hon.  N.  P.  BANKS,  President  of  the  Convention,  State  House,  Boston. 
Dear  Sir: — I  notice,  by  the  newspapers  this  afternoon,  that  a  Com 
mittee  of  the  Convention  are  to  be  appointed  to-.morrow  morning,  to 
attend  the  funeral  of  the  late  Hon.  F.  R.  Gourgas,  at  Concord.  I 
enclose  a  free  pass  over  the  Fitchburg  Railroad,  to  Concord  and  back, 
for  said  Committee,  and  such  other  members  of  the  Convention  as 
may  wish  to  attend. 

Very  respectfully, 

JACOB  FORSTER, 
President  of  the  Fitchburg  Railroad  Co. 

On  motion  of  Mr.  THOMPSON,  of  Charlestown, 

Ordered,  That  the  thanks  of  the  Convention  be  tendered  to  the 
President  of  the  Fitchburg  Railroad  Company,  for  the  invitation  con 
tained  in  his  letter. 

Mr.  HOBBS,  of  Weston,  moved  that  when  the  Convention  adjourns, 
it  adjourn  to  meet  at  nine  o'clock,  to-morrow ;  but  the  motion  was 
rejected. 


218  JOURNAL   OF    THE    CONVENTION.  [July  13th, 

On  motion  of  Mr.  WALKER,  of  North  Brookfield, 

Ordered,  That  in  Committee  of  the  Whole,  on  the  subject  of  the 
Petitions  of  Francis  Jackson  and  others,  debate  shall  cease  in  thirty 
minutes  after  going  into  committee. 

On  motion  of  Mr.  MORTON,  of  Andover,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Report,  inexpedient  to  act  upon  the  subject  of  the  Petitions  of 
Francis  Jackson  and  others,  and  Mrs.  A.  B.  Alcott  and  others ;  and 
the  President  requested  Mr.  Butler,  of  Lowell,  to  take  the  chair. 

Afterwards,  Mr.  BUTLER  reported,  that  the  Report  ought  to  be  ac 
cepted,  with  an  amendment, 

Striking  out  all  after  the  word  "  that"  in  the  eighth  line  (printed 
copy,)  as  far  as  the  words  "it  is  inexpedient"  in  the  last  line  except 
one. 

On  motion  of  Mr.  WHITNEY,  of  Conway,  the  Previous  Question 
was  ordered. 

The  amendment  was  concurred  in,  and  the  Report  accepted. 

Mr.  HOOPER,  of  Fall  River,  called  for  the  special  assignment  for  ten 
o'clock,  viz.  :  the  Resolves  on  the  subject  of  the  judiciary. 

Mr.  HOOPER  modified  his  amendment  to  the  amendment  of  the 
Committee  of  the  Whole,  so  as  to  read  as  follows  : — 

Strike  out  all  after  the  word  "court"  in  the  third  line,  and  insert 
the  following : — 

Whenever  a  vacancy  shall  occur  upon  that  bench,  shall  be  elected 

by  the  qualified  voters  of  the  Commonwealth  for  the  term  of  

years,  so  arranged  that  two  shall  not  be  elected  at  the  same  time  for 
the  same  term  of  years. 

Without  taking  the  question, 

At  one  o'clock,  on  motion  of  Mr.  SCHOULER,  of  Boston, 

The  Convention  adjourned. 

AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  KINGMAN,  of  West  Bridgewater,  moved  a  reconsideration  of  the 
vote  by  which  the  Report,  inexpedient,  &c.,  on  the  Petitions  of 
Francis  Jackson  and  others,  and  Abby  B.  Alcott  and  others,  was 
accepted. 

On  motion  of  Mr.  HOOD,  of  Lynn,  the  Rule  of  the  Convention  was 
suspended,  and  the  motion  immediately  considered ; 

And  it  was  rejected. 


1853.]  JOURNAL    OF    THE    CONVENTION.  219 

On  motion  of  Mr.  BATES,  of  Plymouth,  the  Convention  proceeded 
to  the  consideration  of  the  unfinished  business  of  the  morning  session, 
viz. :  the  Resolves  on  the  subject  of  the  judiciary. 

Mr.  HOOPER,  of  Fall  River,  moved  that  the  further  consideration  of 
the  subject  be  postponed  until  half  past  nine  o'clock,  to-morrow ; 

But  the  motion  was  rejected  by  a  vote  of  sixty-two  in  the  affirma 
tive,  to  seventy-nine  in  the  negative. 

After  debate,  Mr.  PARKER,  of  Cambridge,  moved  that  the  further 
consideration  of  the  subject  be  postponed  until  nine  o'clock,  to-morrow. 

Without  taking  the  question, 

At  half  past  five  o'clock,  on  motion  of  Mr.  GREENE,  of  Brookfield, 

The  Convention  adjourned. 


THURSDAY,  July  14,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  WILSON,  of  Natick, 

Ordered,  That  the  Secretary  of  the  Convention  give  notice  to  the 
selectmen  of  Concord,  of  the  vacancy  existing  in  the  Convention, 
occasioned  by  the  death  of  Hon.  Francis  R.  Gourgas,  Delegate  from 
that  town. 

Mr.  CUSHMAN,  of  Bernardston,  and  Mr.  FELLOWS,  of  Lowell,  sever 
ally  offered  Orders  providing  for  a  limitation  of  the  time  of  speaking 
on  any  one  subject,  to  half  an  hour. 

Laid  over,  under  the  rule. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  sustained  by  a 
vote  of  one  hundred  in  the  affirmative,  to  forty-three  in  the  negative, 

Ordered^  That  the  question  be  taken  upon  the  Resolves  on  the  sub 
ject  of  the  judiciary,  at  four  o'clock  this  afternoon. 

On  motion  of  Mr.  STEVENS,  of  Rehoboth,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day ;  the  first  subject 
being  the  Resolves  on  the  judiciary  ;  and  the  pending  question  being 
upon  Mr.  Hooper's  amendment  to  the  amendment  of  the  Committee 
of  the  Whole. 

Without  taking  the  question, 

At  one  o'clock,  on  motion  of  Mr.  MORTON,  of  Taunton, 

The  Convention  adjourned. 


220  JOURNAL    OF    THE    CONVENTION.  [July  14th, 


AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  MORTON,  of  Taunton,  the  Convention  resumed 
the  consideration  of  the  Orders  of  the  Day. 

At  the  hour  of  four,  the  time  assigned  for  taking  the  question, 

Mr.  MORTON,  of  Taunton,  moved  the  reconsideration  of  the  vote 
making  the  assignment; 

But  the  motion  was  rejected. 

The  question  was  then  stated  upon  the  amendment  of  Mr.  Hooper, 
to  the  amendment  of  the  Committee  of  the  Whole, 

And  the  roll  being  called,  one  hundred  and  one  members  voted  for 
the  amendment,  and  two  hundred  and  twenty-seven  against  it. 

So  it  was  rejected. 

Those  who  voted  in  the  affirmative  are  : — 

Messrs.  Shubael  P.  Adams,  Messrs.  Samuel  Duncan, 

James  B.  Allen,  Lyman  Fisk, 

Josiah  Allis,  Ezekiel  W.  Fitch, 

D.  W.  Alvord,  Abram  Foster, 

Hillel  Baker,  Charles  A.  French, 

Alpheus  Bancroft,  Rodney  French, 

Eliakim  A.  Bates,  Samuel  French, 

Moses  Bates,  Jr.,  Richard  Frothingham,  Jr., 

Edward  B.  Bigelow,  Leonard  Gooding, 

Francis  W.  Bird,  Josiah  W.  Griswold, 

William  J.  A.  Bradford,  Whiting  Griswold, 

Hiram  N.  Breed,  Lyman  W.  Hapgood, 

Hammond  Brown,  Stephen  E.  Hawkes, 

Frederick  Brownell,  Nathaniel  Holder, 

Joseph  Brownell,  George  Hood, 

Patrick  Bryant,  Foster  Hooper, 

Asahel  Buck,  Henry  K.  Hoyt, 

Anson  Burlingame,  John  Jacobs, 

Benjamin  F.  Butler,  Joseph  Kingman, 

Isaac  Case,  J.  S.  C.  Knowlton, 

Daniel  E.  Chapin,  William  H.  Knowlton, 

Josiah  Childs,  Albert  Knox, 

Henry  Clark,  Luther  Lawrrence, 

Alpheus  B.  Clarke,  Job  G.  Lawton,  Jr., 

William  Cleverly,  Alden  Leland, 

Sumner  Cole,  Charles  Mason, 

George  B.  Crane,  Simeon  Merritt, 

Henry  W.  Cushman,  Joseph  B.  Morss, 

Thomas  Cushman,  William  S.  Morton, 

Ebenezer  Davis,  Jonathan  Nayson, 

Isaac  Davis,  William  Nichols, 

Gilman  Day,  Alfred  Norton, 

Silas  Dean,  Andrew  T.  Nute, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


221 


Messrs.  Benjamin  S.  Orne, 
Charles  Osgood, 
Jonathan  Parris, 
John  Partridge, 
Daniel  A.  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
James  M.  Pool, 
Silas  Rawson, 
Daniel  Richardson, 
John  Rogers, 
James  C.  Royce, 
Chester  Sanderson, 
Perez  Simmons, 
John  W.  Simonds, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 


Messrs.  Joseph  L.  Stevens,  Jr., 
Charles  Sumner, 
Arnold  Taft, 
Willard  Thayer,  2d, 
Abraham  Tilton, 
Charles  W.  Upham, 
Gershom  B.  Weston, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Joseph  Wilbur, 
J.  B.  Williams, 
Willard  Wilson, 
Charles  C.  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Josiah  G.  Abbott, 

Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Joel  C.  Allen, 
John  B.  Alley, 
Robert  Andrews, 
William  Appleton, 
William  Aspinwall, 
David  C.  Atwood, 
George  Austin, 
Samuel  Ayres, 
Alvah  Ballard, 
Joseph  Barrows, 
John  Beal, 

William  Bennett,  Jr., 
Henry  W.  Bishop, 
George  W.  Blagden, 
Gad  O.  Bliss, 
William  C.  Bliss, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
Ebenezer  Bradbury, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Henry  Cady, 


Messrs.  Timothy  W.  Carter, 
William  Carruthers, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Rufus  Choate, 
J.  McKean  Churchill, 
Ransom  Clark, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Lansing  J.  Cole, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
Simeon  Crittenden, 
George  W.  Crockett, 
Joseph  W.  Cross, 
Francis  B.  Crowninshield, 
Joseph  Cummings, 
Wilber  Curtis, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr., 
Charles  G.  Davis, 
John  Davis, 
Solomon  Davis, 
William  Dehon, 
Elijah  S.  Deming, 
Hiram  S.  Denison, 
Augustus  Denton, 
James  C.  Doane, 
Bradish  Dunham, 
Philip  Eames, 


222 


JOURNAL    OF    THE    CONVENTION. 


[July  Hth, 


Messrs.  John  M.  Earle, 
Peter  Easland, 
Lilley  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Homer  Ely, 
William  T.  Eustis, 
A.  G.  Farwell, 
Sullivan  Fay, 
James  K.  Fellows, 
Emery  Fiske, 
Aaron  Foster, 
Samuel  Fowle, 
Samuel  P.  Fowler, 
James  M.  Freeman, 
Charles  H.  French, 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Washington  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Dalton  Goulding, 
John  W.  Graves, 
John  C.  Gray, 
Jabez  Green, 
Simon  Greenleaf, 
Samuel  P.  Hadley, 
Artemas  Hale, 
Nathan  Hale, 
Charles  B.  Hall, 
Benjamin  F.  Hallett, 
A.  B.  Hammond, 
Seth  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Elnathan  P.  Hathaway, 
Isaac  Hayden, 
George  Hayward, 
Charles  Heard, 
Ezra  Heath,  2d, 
Samuel  Henry, 
Henry  Hersey, 
James  Hewes, 
William  H.  Hewes, 
George  S.  Hillard, 
William  Hinsdale, 
Aaron  Hobart, 
Edwin  Hobbs, 
Martin  Howard, 
William  J.  Hubbard, 


Messrs.  William  Hunt, 

Asahel  Huntington, 
Samuel  A.  Hurlburt, 
Moses  C.  Hurlbut, 
William  James, 
John  Jenkins, 
John  Johnson, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Joseph  Kimball, 
Henry  W.  Kinsman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
Charles  L.  Knowlton, 
George  H.  Kuhn, 
Gardner  P.  Ladd, 
John  S.  Ladd, 
Abishai  Lincoln, 
Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
James  M.  Moore, 
George  Morey, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Charles  Newman, 
Daniel  Noyes, 
Joseph  E.  Ober, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
James  W.  Paige, 
Benjamin  Paine, 
Henry  Paine, 
Adolphus  G.  Parker, 
Joel  Parker, 
Samuel  C.  Parsons, 
Thomas  A.  Parsons, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Jesse  Perkins, 
Silvanus  B.  Phinney, 
William  C.  Plunkett, 


1853.]  JOURNAL    OF    THE    CONVENTION.  223 

Messrs.  Jeremiah  Pomroy,  Messrs.  Horatio  W.  Tilton, 

Peter  Powers,  David  Turner, 

Jonathan  Preston,  David  P.  Turner, 

F.  O.  Prince,  William  Tyler, 

George  Putnam,  George  B.  Upton, 

John  A.  Putnam,  Joel  Viles, 

Robert  Rantoul,  George  A.  Vinton, 

Sampson  Reed,  Samuel  B.  Walcott, 

David  Rice,  Bradford  L.  Wales, 

Nathan  Richardson,  Freeland  Wallis, 

Samuel  H.  Richardson,  Amasa  Walker, 

Joseph  M.  Rockwood,  Samuel  Walker, 

David  S.  Ross,  Andrew  H.  Ward, 

Amasa  Sanderson,  Marshal  Warner, 

John  Sargent,  Samuel  Warner,  Jr., 

William  Schouler,  Asa  H.  Waters, 

John  Sherril,  Cyrus  Weeks, 

Chester  Sikes,  Thomas  Wetmore, 

John  S.  Sleeper,  William  F.  Wheeler, 

Matthew  Smith,  Benjamin  White, 

Caleb  Stetson,  Joel  Wilder, 

Charles  G.  Stevens,  John  H.  Wilkins, 

Granville  Stevens,  Ezra  Wilkinson, 

William  Stevens,  Henry  Wilson, 

Gideon  Stiles,  Milo  Wilson, 

Charles  S.  Storrow,  Jonathan  B.  Winn, 

Ralph  Taylor,  Levi  M.  Winslow, 

Joseph  Thayer,  Josiah  B.  Woods. 
Edmund  P.  Tileston, 

Mr.  HALLETT,  member  for  Wilbraham,  moved  to  amend  the  amend 
ment  of  the  Committee  of  the  Whole,  by  striking  out  all  after  the 
word  "  reappointment,"  viz.:  the  words,  "but  in  no  case  to  continue 
in  office  after  attaining  seventy  years  of  age." 

And  the  amendment  was  agreed  to  by  a  vote  of  one  hundred  and 
forty-eight  in  the  affirmative,  to  ninety-eight  in  the  negative. 

Mr.  BUTLER,  of  Lowell,  moved  to  amend  by  substituting  the  word 
"seven"  for  the  word  "  ten,"  in  the  third  line,  (printed  copy)  ;  but  the 
motion  was  rejected  by  a  vote  of  eighty-eight  in  the  affirmative,  to 
eighty-four  in  the  negative. 

Mr.  BATES,  of  Plymouth,  moved  to  amend  by  striking  out  the 
words,  "  said  justices  to  be  "eligible  to  reappointment "  ;  but  the  mo 
tion  was  rejected. 

Mr.  COLE,  of  Cheshire,  moved  to  amend  by  inserting  after  the 
word  "appointed"  in  the  third  line,  (printed  copy,)  the  words,  "by 
the  governor  of  the  Commonwealth,  with  the  concurrence  of  the 
Senate  "  ;  but  the  motion  was  rejected. 

On   motion  of   Mr.  BIRD,  of  Walpole,  the  yeas    and    nays  were 


224: 


JOURNAL   OF    THE    CONTENTION. 


[July  14th, 


ordered  upon  the  question  of  adopting  the  amendment  of  the  Com 
mittee  of  the  Whole,  as  amended. 

And  the  roll  being  called,  one  hundred  and  fifty-eight  members 
voted  for  the  amendment,  and  one  hundred  and  sixty  against  it; 

So  it  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 


Messrs.  Josiah  G.  Abbott, 

Benjamin  P.  Adams, 
Shubael  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
John  B.  Alley, 
Josiah  Allis, 
George  Austin, 
Alpheus  Bancroft, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
John  Beal, 

William  Bennett,  Jr., 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
Ebenezer  Bradbury, 
William  J.  A.  Bradford, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Isaac  Case, 
Daniel  E.  Chapin, 
Josiah  Childs, 
Henry  Clark, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
William  Cleverly, 
Henry  F.  Cooledge, 
George  B.  Crane, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Gilman  Day, 
Silas  Dean, 
Elijah  S.  Deming, 


Messrs.  Augustus  Denton, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Earle, 
Peter  Easland, 
Elisha  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Ezekiel  W.  Fitch, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Rodney  French, 
Samuel  French, 
R.  Frothingham,  Jr., 
Charles  G.  Giles, 
Joel  Giles, 
John  W.  Graves, 
Jabez  Green, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
William  Haskins, 
Elnathan  P.  Hathaway, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
William  H.  Hewes, 
Martin  Howard, 
Henry  K.  Hoyt, 
Moses  C.  Hurlbut, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


225 


Messrs.  Abishai  Lincoln, 

Tristram  Littlefield, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
James  M.  Moore, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Charles  Newman, 
William  Nichols, 
Alfred  Norton, 
Joseph  E.  Ober, 
Benjamin  S.  Orne, 
Charles  Osgood, 
Benjamin  Paine, 
Henry  Paine, 
Samuel  C.  Parsons, 
John  Partridge, 
John  Penniman, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
James  M.  Pool, 
Silas  Rawson, 
David  Pvice, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
David  S.  Ross, 
James  C.  Royce, 


Messrs.  Amasa  Sanderson, 
Chester  Sanderson, 
John  Sherril, 
John  W.  Simonds, 
Matthew  Smith, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Stiles, 
Charles  Sumner, 
Arnold  Taft, 
Joseph  Thayer, 
Willard  Thayer,  2d, 
Horatio  W.  Tilton, 
David  P.  Turner, 
Joel  Yiles, 
George  A.  Vinton, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
George  White, 
Joseph  Wilbur, 
Henry  Wilson, 
Willard  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Otis  Wood, 
William  H.  Wood. 


Those  who  voted  in  the  negative  are : — 


Messrs.  P.  Emory  Aldrich, 
Joel  C.  Allen, 
D.  W.  Alvord, 
Robert  Andrews, 
William  Appleton, 
William  Aspinwall, 
Samuel  Ayres, 
Hillel  Baker, 
Alvah  Ballard, 
Joseph  Barrows, 
Marcus  Barrett, 
George  W.  Blagden, 
Gad  O.  Bliss, 
William  C.  Bliss, 
Milton  P.  Braman, 
Hiram  N.  Breed, 
15 


Messrs.  Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Frederick  Brownell, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
Henry  Cady, 
Timothy  W.  Carter, 
William  Carruthers, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Rufus  Choate, 
J.  McKean  Churchill, 
Jacob  Coggin, 


226 


JOURNAL    OF    THE    CONVENTION. 


[July  Hth, 


Messrs.  Nathaniel  Cogswell, 
Lansing  J.  Cole, 
Sumner  Cole, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Benjamin  F.  Copeland, 
Simeon  Crittenden, 
George  W.  Crockett, 
Francis  B.  Crowninshield, 
Joseph  Cummings, 
Wilber  Curtis, 
Richard  H.  Dana,  Jr., 
John  Davis, 
Solomon  Davis, 
"William  Dehon, 
Hiram  S.  Denison, 
James  C.  Doane, 
Philip  Eames, 
Lilley  Eaton, 
Samuel  Edwards, 
Homer  Ely, 
William  T.  Eustis, 
A.  G.  Farwell, 
Emery  Fiske, 
Aaron  Foster, 
Samuel  P.  Fowler, 
Charles  A.  French, 
Charles  H.  French, 
Luther  Gale, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Washington  Gilbert, 
Dalton  Goulding, 
John  C.  Gray, 
Simon  Greenleaf, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
Phineas  Harmon, 
Stephen  E.  Hawkes, 
George  Hay  ward, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
James  Hewes, 
George  S.  Hillard, 
William  Hinsdale, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Iluntington, 


Messrs.  Samuel  A.  Hurlburt, 
William  James, 
John  Jenkins, 
John  Johnson, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Henry  W.  Kinsman, 
Joseph  Knight, 
Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
George  H.  Kuhn, 
John  S.  Ladd, 
Frederic  W.  Lincoln,  Jr., 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
George  Morey, 
Joseph  B.  Morss, 
Marcus  Morton, 
Jonathan  Nayson, 
Daniel  Noyes, 
Andrew  T.  Nute, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
James  W.  Paige, 
Adolphus  G.  Parker, 
Joel  Parker, 
Thomas  A.  Parsons, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
Jesse  Perkins, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
Jonathan  Preston, 
F.  O.  Prince, 
George  Putnam, 
John  A.  Putnam, 
Robert  Rantoul, 
•Sampson  Reed, 
Joseph  M.  Rockwood, 
John  Rogers, 
John  Sargent, 
William  Schouler, 
Chester  Sikes, 
Perez  Simmons, 
John  S.  Sleeper, 
Melzar  Sprague, 
Charles  G.  Stevens, 
Charles  S.  Storrow, 


1853.]  JOURNAL    OF    THE    CONVENTION.  227 

Messrs.  Ralph  Taylor,  Messrs.  William  F.  Wheeler, 

Edmund  P.  Tileston,  Benjamin  White, 

David  Turner,  James  S.  Whitney, 

William  Tyler,  Joel  Wilder, 

Charles  W.  Upham,  John  H.  Wilkins, 

George  B.  Upton,  Ezra  Wilkinson, 

Samuel  B.  Walcott,  J.  B.  Williams, 

Bradford  L.  Wales,  Milo  Wilson, 

Samuel  Walker,  Jonathan  B.  Winn, 

Cyrus  Weeks,  Josiuh  B.  Woods, 

Thomas  Wetmore,  Ezekiel  Wright. 

The  Resolves  were  then  ordered  to  a  second  reading,  by  a  vote  of 
one  hundred  and  sixty-seven  in  the  affirmative,  to  thirty-two  in  the 
negative. 

By  leave  of  the  Convention, 

Mr.  ALLEY,  of  Lynn,  made  a  personal  explanation  in  reference  to 
a  speech  delivered  by  Mr.  Hillard,  of  Boston,  and  printed  in  the  Bos 
ton  Atlas. 

And,  also  by  leave  of  the  Convention,  Mr.  HILLARD  made  a  personal 
explanation  in  reply. 

Mr.  OLIVER,  of  Lawrence,  moved  an  adjournment. 

Mr.  BIRD,  of  Walpole,  called  for  the  yeas  and  nays  on  the  question, 
but  the  call  was  not  sustained  by  one-fifth  of  the  members. 

The  motion  for  an  adjournment  was  then  rejected. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolve  on  the  subject  of  the  number  which  should  constitute  a 
quorum  to  do  business  in  the  House  of  Representatives;  and  the 
President  requested  Mr.  Giles,  of  Boston,  to  take  the  chair. 

Afterwards,  Mr.  GILES  reported,  that  it  was  the  opinion  of  the  com 
mittee  that  the  Resolve  ought  to  pass,  with  an  amendment,  viz. : 

Substituting  the  words  "one  hundred"  for  the  words  "a  majority." 

On  motion  of  Mr.  HALLETT,  member  for  Wilbraham,  the  Resolve 
was 

Laid  upon  the  table. 

And  then,  on  motion  of  Mr.  HALLETT, 

The  Standing  Committee  on  the  House  of  Representatives  were 
discharged  from  the  further  consideration  of  the  subject  of  a  quorum 
in  the  House  of  Representatives. 

At  half-past  six  o'clock,  on  motion  of  Mr.  ELY,  of  Westfield, 

The  Convention  adjourned. 


228  JOURNAL  or  THE  CONTENTION.  [July  isth, 

FRIDAY,  July  15,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

The  Order  of  Mr.  Cushman,  laid  over  yesterday,  was  taken  up,  and 
On  motion  of  Mr.  ALLEN,  of  Worcester,  amended  by  the  addition 
of  the  following  words  : — 

"  Provided,  that  the  chairman  of  any  committee  shall  be  allowed  to 
speak  one  hour  upon  the  subject  of  his  Report." 

It  was  then  adopted,  as  follows  : — 

Ordered,  That  on  and  after  to-morrow,  no  member  of  the  Conven 
tion  shall  speak  in  Convention,  or  in  Committee  of  the  Whole, 
exceeding  half  an  hour  on  any  one  subject,  provided  that  the  chair 
man  of  any  committee  shall  be  allowed  to  speak  one  hour  upon  the 
subject  of  his  Report. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  motion  of  Mr.  Thompson,  of  Charles- 
town,  to  reconsider  the  vote  by  which  the  Convention  ordered  to  a 
second  reading,  the  Resolve  on  the  subject  of  the  loan  of  the  State 
credit. 

After  debate,  Mr.  THOMAS,  of  Wey mouth,  moved  the  Previous 
Question,  which  was  ordered. 

And  the  motion  to  reconsider  prevailed,  by  a  vote  of  one  hundred 
and  eighty-nine  in  the  affirmative,  to  eighty-seven  in  the  negative. 

The  question  recurred  upon  ordering  the  Resolve  to  a  second  read 
ing. 

Mr.  FREEMAN,  of  Franklin,  moved  the  Previous  Question,  which 
was  ordered. 

On  motion  of  Mr.  CROWNINSHIELD,  of  Boston,  the  yeas  and  nays 
were  ordered. 

And  the  roll  being  called,  one  hundred  and  twelve  members  voted 
for  the  Resolve,  and  two  hundred  against  it. 

So  the  Resolve  was  refused  a  second  reading. 

Those  who  voted  in  the  affirmative  are  : — 

Messrs.  P.  Emory  Aldrich,  Messrs.  Sewell  Boutwell, 

William  Appleton,  William  J.  A.  Bradford, 

George  Austin,  Hiram  N.  Breed, 

Joseph  Barrows,  George  N.  Briggg, 

Erasmus  D.  Beach,  Hiram  C.  Brown, 

John  Beal,  Frederick  Brownell, 

Gad  O.  Bliss,  Henry  Cady, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


229 


Messrs.  Timothy  W.  Carter, 
Isaac  Case, 
Chester  W.  Chapin, 
Henry  Clark, 
Nathaniel  Cogswell, 
Benjamin  F.  Copeland, 
George  B.  Crane, 
Francis  B.  Crowninshield, 
Solomon  Davis, 
Elijah  S.  Deming, 
Augustus  Denton, 
James  C.  Doane, 
Bradish  Dunham, 
John  M.  Earle, 
Lilley  Eaton, 
Homer  Ely, 
Ezekiel  W.  Fitch, 
Samuel  Fowle, 
Henry  J.  Gardner, 
Wanton  C.  Gilbert, 
Joel  Giles, 
John  C.  Gray, 
Artemas  Hale, 
Benjamin  F.  Hallett, 
A.  B.  Hammond, 
Seth  Hapgood, 
George  Haskell, 
Elnathan  P.  Hathaway, 
George  Hayward, 
Charles  Heard, 
Henry  Hersey, 
Aaron  Hobart, 
Thomas  Hopkinson, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Hiram  Knight, 
Jefferson  Knight, 
Job  G.  Lawton,  Jr., 
Abishai  Lincoln, 
Tristram  Littlefield, 
John  A.  Lowell, 
Seth  Miller,  Jr., 
George  Morey, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Charles  Newman, 


Messrs.  William  Nichols, 
Alfred  Norton, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Benjamin  S.  Orne, 
Adolphus  G.  Parker, 
Joel  Parker, 
George  Peabody, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
Noah  C.  Perkins, 
Robert  Rantoul, 
Silas  Rawson, 
Sampson  Reed, 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Sinaonds, 
Melxar  Sprague, 
Oranville  Stevens, 
Joseph  L.  Stevens,  Jrv 
J.  Thomas  Stevenson, 
Gideon  Stiles, 
Isaac  C,  Taber, 
Arnold  Taft, 
Thomas  Talbot, 
Ralph  Taylor, 
Horatio  W.  Tilton, 
David  Turner, 
David  P.  Turner, 
Freeland  Wallis, 
Samuel  Walker, 
Andrew  H.  Ward, 
Asa  H.  Waters, 
Cyrus  Weeks, 
Thomas  Wetmore, 
Daniel  Wilbur, 
Joseph  Wilbur, 
Ezra  Wilkinson, 
Henry  Williams, 
J.  B.  Williams, 
Willard  Wilson, 
Levi  M.  Winslow, 
Nathaniel  Wood, 
Josiah  B.  Woods, 
Otis  Wood, 


230 


JOURNAL    OF    THE    CONVENTION. 


[July  15th, 


Those  who  voted  in  the  negative  are : — 


Messrs.  Josiah  G.  Abbott, 

Benjamin  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
Joel  C.  Allen, 
John  B.  Alley, 
Josiah  Allis, 
D.  W.  Alvord, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
Samuel  Ayres, 
Hillel  Baker, 
Alvah  Ballard, 
George  S.  Ball, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Moses  Bates,  Jr., 
Luther  V.  Bell, 
William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
William  S.  Booth, 
George  S.  Bout  well,, 
Miiton  P.  Brama-n, 
Francis  Brinley, 
Asa  Bronson, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown,, 
Joseph  Brownell, 
Patrick  Bryant, 
Rufus  Bullock, 
Cephas  C.  Bumpus,, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
William  Carruthers, 
Amariah  Chandler, 
Henry  Chapin, 
Josiah  Childs, 
J.  McKean  Churchill, 
Hansom  Clark, 
Alpheus  B.  Clarke, 
Stillman  Clarke, 
William  Cleverly, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Oliver  S.  Cressy, 
Simeon  Crittenden, 


Messrs.  Joseph  W.  Cross, 
Joseph  Cummiiigs, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Richard  H.  Dana,  Jr., 
Charles  G.  Davis, 
Gilman  Day, 
Silas  Dean, 
Hiram  S.  Denison, 
Samuel  Duncan, 
John  M.  Durgin, 
Philip  Eames, 
Peter  Easland, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
William  T.  Eustis, 
A.rG.  Farwell, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Aaron  Foster, 
Abram  Foster, 
Samuel  P.  Fowler, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Luther  Gale, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Charles  B.  Hall, 
Lyman  W.  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Stephen  E.  Hawkes, 
Isaac  Hay  den, 
Ezra  Heath,  2d, 
Samuel  Henry, 
James  Hewes, 
William  H.  Hewes, 
George  S.  Hillard, 
William  Hinsdale, 
Nathaniel  Holder, 


1853.1 


JOURNAL    OF    THE    CONVENTION. 


231 


Messrs.  George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
William  Hunt, 
George  H.  Huntingdon, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Joseph  Kimball, 
Joseph  Kingman, 
Joseph  Knight, 
Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
George  H.  Kuhn, 
Gardner  P.  Ladd, 
John  S.  Ladd, 
Luther  Lawrence, 
Alden  Leland, 
Frederic  W.  Lincoln,  Jr., 
Isaac  Livermore, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Charles  Mason, 
Reuben  Meader, 
Simeon  Merritt, 
James  M.  Moore, 
William  S.  Morton, 
Daniel  Noyes, 
Joseph  E.  Ober, 
Charles  Osgood, 
Benjamin  Paine, 
Henry  Paine, 
John  G.  Park, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
John  Partridge, 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 


Messrs.  William  C.  Plunkett, 
Jeremiah  Pomroy, 
James  M,  Pool, 
F.  O.  Prince, 
John  A.  Putnam, 
James  Read, 
David  Rice, 
Luther  Richards, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Amasa  Sanderson, 
Chester  Sanderson, 
William  Schouler, 
Luther  Sheldon, 
John  Sherril, 
JohnS.  Sleeper, 
John  Souther, 
Samuel  W.  Spooners 
Charles  G.  Stevens, 
William  Stevens, 
Charles  Sumner, 
Willard  Thayer,  26% 
John  W.  Thomas, 
Charles  Thompson, 
Abraham  Tilton, 
Ephraim  Tower, 
Charles  R.  Train, 
William  Tyler, 
Orison  Underwood, 
Charles  W.  Upham, 
Joel  Viles, 
George  A.  Vinton, 
Samuel  B.  Walcott, 
Amasa  Walker, 
Marshal  Warner, 
Samuel  Warner,  Jr., 
Gershom  B.  Weston, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Joel  Wilder, 
John  H.  Wilkins, 
Henry  Wilson, 
Milo  Wilson, 
Jonathan  B.  Winn, 
Charles  C.  Wood, 
William  H.  Wood. 


At  one  o'clock,  on  motion  of  Mr.  WILSON,  of  Natick, 
The  Convention  adjourned. 


232  JOURNAL   OF   THE    CONVENTION.  [July  15th, 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

The  PRESIDENT  appointed  the  committee  under  the  Eesolve  offered 
by  Mr.  Hallett,  member  for  Wilbraham,  on  the  subject  of  a  judicial 
remedy  to  the  legal  representatives  of  deceased  persons  whose  deaths 
are  caused  by  negligence  or  misconduct  of  a  railroad  corporation, 
viz. : — 

Messrs.  Hallett,  member  for  Wilbraham,  Stevenson,  of  Boston, 
Haskins,  of  Medford,  Richardson,  of  Middleton,  and  Fowler,  of 
Danvers. 

Mr.  Knowlton,  of  Worcester,  was  appointed  to  take  the  place  of 
the  late  Mr.  Gourgas,  of  Concord,  upon  the  Committee  on  the  Reports 
of  Debates. 

Mr.  Bird,  of  Walpole,  was  appointed  to  fill  the  vacancy,  in  place 
of  Mr.  Gourgas,  upon  the  Committee  on  the  Preservation  of  the 
Records. 

On  motion  of  Mr.  BROWN,  of  Medway,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject,  viz.:  the  motion  of  Mr.  Marvin,  of  Winchendon, 
to  reconsider  the  vote  on  the  acceptance  of  the  Report  of  the  Com 
mittee  on  the  Qualifications  of  Voters,  inexpedient  to  act  upon  the 
subject  of  various  Orders  and  Petitions,  was 

Laid  upon  the  table. 

On  motion  of  Mr.  KNOWLTON,  of  Worcester,  the  Orders  of  the  Day 
were  laid  upon  the  table. 

On  motion  of  Mr.  KNOWLTON,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  the  purpose  of  considering  the  Resolve 
on  the  subject  of  Harvard  College ;  and  the  President  requested  Mr. 
Morton,  of  Taunton,  to  take  the  chair. 

Afterwards,  Mr.  MORTON  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no  con 
clusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  amended  at  the  sugges 
tion  of  Mr.  Hooper,  of  Fall  River, 

Ordered,  That  the  rule  limiting  debate  be  suspended,  so  far  as  it 
applies  to  the  last  member  who  addressed  the  Committee  of  the 
Whole. 

And  then,  on  motion  of  Mr.  BRIGGS,  of  Pittsfield,  the  Convention 
again  resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of 


1853.]  JOURNAL    OF    THE    CONVENTION.  233 

considering  the  subject  just  previously  before  it;  and  the  President 
requested  Mr.  Sumner,  member  for  Marshfield,  to  take  the  chair. 

Afterwards,  Mr.  SUMNER  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Resolve  ought  to  pass. 

Mr.  HOPKINSON,  of  Boston,  moved  to  amend  the  Resolve  by  sub 
stituting  the  words,  "  best  interests  of  the  college,"  for  the  words, 
"advancement  of  learning;"  but  afterwards  withdrew  the  motion. 

The  Resolve  was  then  ordered  to  a  second  reading. 

And  at  half  past  six  o'clock,  on  motion  of  Mr.  BREED,  of  Lynn, 

The  Convention  adjourned. 


SATURDAY,  July  16,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

On  motion  of  Mr.  KNOWLTON,  of  Worcester, 

Ordered,  That  be  a  committee  to  consider  and  report  at  what 
time  the  session  of  the  Convention  may  be  brought  to  a  close. 

The  President  appointed  the  committee  under  the  above  Order,  as 
follows  : — 

Messrs.  Knowlton,  of  Worcester,  Schouler,  of  Boston,  Giles,  of 
Boston,  Cushman,  of  Bernardston,  Wilson,  of  Natick,  Burlingame, 
member  for  Northborough,  and  Earnes,  of  Washington. 

On  motion  of  Mr.  CRESSY,  of  Hamilton, 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  to  meet  on 
Monday,  at  ten  o'clock. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Order  requiring  the  fore 
noon  session  to  close  at  one  o'clock,  was  so  far  modified  as  to  pro 
vide  for  an  adjournment  at  two  o'clock. 

On  motion  of  Mr.  WHITNEY,  of  Conway,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolve  concerning  general  laws  for  cor 
porations,  as  amended  in  accordance  with  the  recommendation  of  the 
Committee  of  the  Whole ; 

And  the  pending  question  was  upon  the  amendment  proposed  by 
Mr.  Davis,  of  Worcester. 

Mr.  DE  WITT,  of  Oxford,  moved  to  amend  the  amendment  of  Mr. 
Davis,  by  inserting  before  the  word  "  corporations,"  the  wrords,  "  man- 


234 


JOURNAL    OF    THE    CONTENTION. 


[July  16th, 


ufacturing,  mechanical  and  banking,"  and  by  striking  out  all  after  the 
words  "  special  act." 

After  debate,  Mr.  DENTON,  of  Chelsea,  moved  the  Previous  Ques 
tion  ;  which  was  ordered. 

By  leave  of  the  Convention,  Mr.  DE  WITT  then  withdrew  his  amend 
ment. 

The  amendment  of  Mr.  Davis  was  then  adopted. 

The  question  recurred  upon  ordering  the  Resolve,  as  amended,  to  a 
second  reading,  and, 

On  motion  of  Mr.  STETSON,  of  Braintree,  the  yeas  and  nays  were 
ordered. 

And  the  roll  being  called,  one  hundred  and  eighty-eight  members 
voted  for  the  Resolve,  and  fifty-two  against  it. 

So  it  was  ordered  to  a  second  reading. 

Those  who  voted  in  the  affirmative  are  : — 


Messrs.  Shubael  P.  Adams, 
P.  Emory  Aldrich, 
James  B.  Allen, 
John  B.  Alley, 
D.  W.  Alvord, 
Robert  Andrews, 
George  Austin, 
Hillel  Baker, 
Alvah  Ballard, 
Marcus  Barrett, 
Moses  Bates,  Jr., 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
William  S.  Booth, 
George  S.  Bout  well, 
Sewell  Boutwell, 
William  J.  A.  Bradford, 
Hiram  N.  Breed, 
Asa  Bronson, 
Artemas  Bro\vn, 
Hiram  C.  Brown, 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Anson  Burlingame, 
Henry  Cady, 
William  Carruthers, 
Isaac  Case, 
Amariah  Chandler, 
Daniel  E.  Chapin, 
Josiah  Childs, 
J.  McKean  Churchill, 


Messrs.  Ransom  Clark, 

Alpheus  B.  Clarke, 
Stillman  Clarke, 
William  Cleverly, 
Sumner  Cole, 
George  B.  Crane, 
Oliver  S.  Creasy, 
Simeon  Crittenden, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Ebenezer  Davis, 
Silas  Dean, 
Hiram  S.  Denison, 
Augustus  Denton, 
Alexander  DeWitt, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
Elisha  Edwards, 
Samuel  Edwards, 
Sullivan  Fay, 
Lyman  Fisk, 
Ezekiel  W.  Fitch, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Samuel  French, 
Richard  Frothingham,  Jr. 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


235 


Messrs.  Luther  Gale, 

Johnson  Gardner, 
Elbridge  Gates, 
Charles  G.  Giles, 
Joel  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
Jabez  Green, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Phineas  Harmon, 
"William  Haskins, 
Elnathan  P.  Hathaway, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Aaron  Hobart, 
Henry  Hobart, 
Edwin  Hobbs, 
George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Moses  C.  Hurlbut, 
John  Jacobs, 
John  Johnson, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
George  H.  Kuhn, 
Gardner  P.  Ladd, 
Luther  Lawrence, 
Alden  Leland, 
Abishai  Lincoln, 
Tristram  Littlefield, 
William  P.  Marble, 
Simeon  Merritt, 
Samuel  Mixter, 
Elbridge  G.  Morton, 
Marcus  Morton, 
William  S.  Morton, 
Jonathan  Nayson, 
Charles  Newman, 
William  Nichols, 
Alfred  Norton, 


Messrs.  Joseph  E.  Ober, 

Benjamin  S.  Orne, 
Charles  Osgood, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Jeremiah  Pomroy, 
James  M.  Pool, 
John  A.  Putnam, 
Robert  Rantoul, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Chester  Sanderson, 
John  Sherril, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
John  Souther, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Caleb  Stetson, 
Joseph  L.  Stevens,  Jr., 
Gideon  Stiles, 
Thomas  Talbot, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Charles  Thompson, 
Horatio  W.  Tilton, 
David  Turner, 
David  P.  Turner, 
William  Tyler, 
Joel  Viles, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 


236 


JOURNAL    OF    THE    CONVENTION. 


[July  16th, 


Messrs.  Marshal  Warner, 
Asa  II.  Waters, 
Gershom  13.  Weston, 
Benjamin  White, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Daniel  Wilbur, 


Messrs.  Joseph  Wilbur, 
Henry  Wilson, 
Willard  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Otis  Wood, 
William  II.  Wood. 


Those  who  voted  in  the  negative  are  : — 


Messrs.  William  Appleton, 
William  Aspinwall, 
David  C.  At  wood, 
Joseph  Barrows, 
James  M.  Beebe, 
William  Bennett,  Jr., 
Jacob  Bigelow, 
Ebenezer  Bradbury, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
Cephas  C.  Bumpus, 
Henry  Chapin, 
Nathaniel  Cogswell, 
Benjamin  F.  Copeland, 
Francis  B.  Crowninshield, 
Henry  J.  Gardner, 
Wanton  C.  Gilbert, 
Robert  Gould, 
Artemas  Hale, 
Nathan  Hale, 
Charles  Heard, 
Henry  Hersey, 
William  Hinsdale, 
William  J.  Hubbard, 
William  Hunt, 


Messrs.  Samuel  A.  Hurlburt, 
Samuel  Jackson, 
John  Jenkins, 
Samuel  II .  Jenks, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Frederic  W.  Lincoln,  Jr., 
Isaac  Livermore, 
Samuel  P.  Loud, 
Seth  Miller,  Jr., 
Nathan  Orcutt, 
James  W.  Paige, 
John  G.  Park, 
James  Read, 
Sampson  Reed, 
John  Sargent, 
William  Schouler, 
Edmund  P.  Tileston, 
Ephraim  Tower, 
John  S.  Tyler, 
Charles  W.  Upham, 
Samuel  B.  Walcott, 
Samuel  Walker, 
Cyrus  Weeks, 
William  F.  Wheeler, 
Milo  Wilson, 


The  second  subject,  was  the  Resolve  in  favor  of  amending  section 
2,  chapter  5,  of  the  Constitution,  by  striking  therefrom  the  words  "  Uni 
versity  at  Cambridge ; "  the  question  being  upon  its  final  passage. 

The  Resolve  was  rejected  by  a  vote  of  nineteen  in  the  affirmative? 
to  one  hundred  and  eight  in  the  negative. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Orders  of  the  Day  were 
laid  upon  the  table. 

On  motion  of  the  same  gentleman,  the  Committee  of  the  Whole 
was  discharged  from  the  consideration  of  the  Resolve  on  the  subject 
of  the  incorporation  of  new  towns ;  and 

The  rule  of  the  Convention  requiring  that  Orders,  and  Resolutions, 
&c.,  proposing  an  alteration  of  the  Constitution  shall  be  first  considered 


1853.]  JOURNAL    OF    THE    CONVENTION.  237 

in  Committee  of  the  Whole,  was  suspended,  and  the  Resolve  consid 
ered  and  read. 

Mr.  WILSON,  of  Natick,  moved  that  the  Resolve  be  indefinitely 
postponed. 

Mr.  HOOPER,  of  Fall  River,  moved  that  the  Resolve  be  amended  by 
striking  out  all  after  the  word  "  incorporated,"  and  insert  instead 
thereof  the  words  "  by  a  division  of  a  town,  leaving  less  than  fifteen 
hundred  inhabitants  in  the  town  from  which  the  new  town  shall  be 
taken." 

Pending  this  question,  Mr.  GARDNER,  of  Boston,  moved  an  adjourn 
ment  ;  but  the  motion  was  rejected  by  a  vote  of  thirty-eight  in  the 
affirmative,  to  fifty-nine  in  the  negative. 

A  quorum  of  members  not  being  present, 

Mr.  WILSON,  of  Natick,  renewed  the  motion  for  an  adjournment, 
and, 

At  half-past  one  o'clock,  the  Convention  adjourned. 


MONDAY,  July  18,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  Rev.  Mr. 
FOSTER,  of  Charlemont,  a  member  of  the  Convention.  The  Journal 
of  Saturday  was  read. 

Mr.  BROWN,  of  Medway,  offered  the  following  Order  : — 

Ordered,  That  on  and  after  Monday  next,  no  member  of  the  Con 
vention,  except  chairmen  of  the  committees,  shall  speak  more  than 
fifteen  minutes  on  one  subject,  without  leave. 

Laid  over,  under  the  rule. 

On  motion  of  Mr.  BUTLER,  of  Lowell, 

Ordered,  That  the  Committee  on  the  Pay  Roll  be  instructed  to 
make  up  the  pay  of  Mr.  Francis  R.  Gourgas,  late  Delegate  from  Con 
cord,  to  the  close  of  the  session. 

Mr.  LIVERMORE,  of  Cambridge,  from  the  Committee  on  the  Pay 
Roll,  submitted  a  Report  and  Resolve  on  the  subject  of  the  compen 
sation  of  the  officers  of  the  Convention. 

Read  once,  laid  upon  the  table,  and  ordered  to  be  printed. 

Mr.  HALLETT,  member  for  Wilbraham,  from  the  Special  Committee 
on  the  subject  of  remedies  to  the  representatives  of  persons  killed  by 


238  JOURNAL    OF   THE    CONVENTION.  [July  18th, 

the  negligence  or  misconduct  of  railroad  corporations,  &c.,  submitted 
a  Report  on  that  subject. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

The  same  gentleman,  in  behalf  of  a  Minority  of  the  Committee  on 
the  Bill  of  Rights,  submitted  a  Report,  recommending  an  addition  to 
the  fifteenth  article,  and  an  alteration  of  the  second  article  and  the 
twenty-eighth  article. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  unfinished  business  of  Saturday,  viz. :  the 
Resolve  on  the  subject  of  the  incorporation  of  new  towns. 

The  question  was  upon  the  motion  of  Mr.  Wilson,  of  Natick,  that  the 
Resolve  be  indefinitely  postponed ; 

Pending  which,  an  amendment  moved  by  Mr.  Hooper,  of  Fall 
River,  was  first  in  order. 

Mr.  HALLETT,  member  for  Wilbraham,  moved  to  amend  the 
amendment  by  adding  to  it  the  words,  "  but  the  incorporation  of  any 
new  town  shall  not  thereby  increase  the  whole  number  of  represent 
atives." 

The  amendment  was  rejected  ;  and  then, 

The  amendment  of  Mr.  Hooper  was  also  rejected. 

Mr.  HOYT,  of  Deerfield,  moved  to  amend  by  striking  out  all  after  the 
word  "incorporated,"  and  inserting  instead  thereof  the  words,  "with 
out  consent  of  the  town  or  towns  from  which  the  territory  shall  be 
taken." 

But  the  amendment  was  rejected  ;  and  then, 

The  motion  to  indefinitely  postpone  the  Resolve  was  agreed  to,  by 
a  vote  of  one  hundred  and  thirty-three  in  the  affirmative,  to  forty-six 
in  the  negative. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Orders  of  the  Day  were 
laid  upon  the  table ;  and, 

On  motion  of  the  same  gentleman,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the  Re 
solves  reported  by  the  Special  Committee  on  the  subject  of  elections 
by  plurality  and  majority ;  and  the  President  requested  Mr.  Hillard, 
of  Boston,  to  take  the  chair. 

Afterwards,  Mr.  HILLARD  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no  con 
clusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

At  one  o'clock,  the  Convention  adjourned. 


1853.1  JOURNAL    OF    THE    CONVENTION.  239 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  WILSON,  of  Natick,  offered  the  following  Order : — 

Ordered,  That  the  Committee  on  the  Pay  Roll  be  instructed  to 
make  up  the  same,  including  the  day  of  final  adjournment,  allowing 
to  each  member  pay  only  for  his  actual  attendance,  except  in  cases  of 
sickness. 

Mr.  KNOWLTON,  of  Worcester,  from  a  Special  Committee  "  ap 
pointed  to  consider  and  report  at  what  time  the  session  of  the  Con 
vention  may  be  brought  to  a  close,"  submitted  a  Report,  "  that  in  the 
opinion  of  the  committee  the  Convention  may  complete  its  business 
and  adjourn  finally,  on  Saturday,  the  23d  inst." 
The  Report  was  considered,  and  adopted. 

Mr.  FROTHINGHAM,  of  Charlestown,  from  the  Special  Committee  on 
the  subject  of  banking,  submitted  a  Report,  inexpedient  to  act  upon 
the  subject  of  an  Order  of  June  20th,  on  the  expediency  of  providing 
that  the  legislature  shall  have  no  power  to  authorize  or  pass  any  law 
sanctioning  the  suspensionjhof  specie  payments,  by  any  corporations 
issuing  bank  notes. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  Resolves  on 
the  subject  of  the  Council  were  taken  from  the  table,  and  placed  in 
the  Orders  of  the  Day. 

Mr.  ADAMS,  of  Lowell,  moved,  that  in  Committee  of  the  Whole  on 
the  subject  of  elections  by  plurality  and  majority,  debate  shall  cease 
in  one  hour  after  going  into  committee. 

Mr.  BRADBURY,  of  Newton,  moved  to  substitute  "  three  hours,"  and 
afterwards  "two  hours  "  for  "one  hour;"  but  these  amendments  were 
successively  rejected. 

Mr.  BUTLER,  of  Lowell,  moved  to  amend  by  substituting  u  three- 
quarters  of  an  hour." 

The  amendment  was  adopted,  and  then  the  motion  of  Mr.  Adams, 
as  amended,  was  agreed  to,  by  a  vote  of  one  hundred  and  seven  in 
the  affirmative,  to  seventy-three  in  the  negative. 

On  motion  of  Mr.  UNDERWOOD,  of  Milford,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  elections  by  plurality  and  majority  ; 
and  the  President  requested  Mr.  Hillard,  of  Boston,  to  take  the  chair. 
Afterwards,  Mr.  HILLARD  reported  the  Resolves,  with  amendments, 
as  follow  : — 


240  JOURNAL    OF    THE    CONVENTION.  [July  18th, 

Striking  out  the  word  "  whom  "  in  the  last  line  but  one  of  the 
first  Resolve,  and  insert  instead  thereof,  the  word  "  which,"  and 
adding  to  the  Resolve  the  words  "  or  other  officer  to  be  thus  elected." 

These  amendments  were  concurred  in. 

Mr.  SCHOULER,  of  Boston,  moved  that  the  first  Resolve  be  amended, 
by  striking  out  all  after  the  word  "  Resolved,"  and  inserting  instead 
thereof,  the  following  : — 

That  it  is  expedient  to  provide  in  the  Constitution,  that  in  the 
election  of  a  governor,  lieutenant-governor,  councillors,  secretary, 
treasurer,  auditor,  and  attorney-general  of  the  Commonwealth,  the 
person  having  the  largest  number  of  votes  shall  be  deemed  and  taken 
"to  be  elected. 

On  motion  of  Mr.  SCHOULER,  the  yeas  and  nays  were  ordered  on 
the  adoption  of  the  amendment. 

Before  taking  the  question, 

On  motion  of  Mr.  OLIVER,  of  Lawrence,  the  Orders  of  the  Day 
were  laid  upon  the  table. 

On  motion  of  Mr.  HALLETT,  member  for  Wilbraham,  the  Conven 
tion  resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  unfinished  business  of  July  llth,  viz.  :  the  Resolves 
on  the  subject  of  amendments  of  the  Constitution  ;  and  in  the  absence 
of  Mr.  Griswold,  member  for  Erving,  who  was  chairman  of  the  com 
mittee  at  its  last  session  for  the  purpose  of  considering  this  subject, 
the  President  requested  Mr.  Wood,  of  Fitchburg,  to  take  the  chair. 

Afterwards,  Mr.  WOOD  reported,  that  the  Committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no  con 
clusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

And  leave  was  accordingly  granted. 

An  amendment  offered  by  Mr.  Hallett,  member  for  Wilbraham.  in 
Committee  of  the  Whole,  to  the  Resolves  on  the  subject  of  amend 
ments  of  the  Constitution ;  and  an  amendment,  of  which  notice  was 
given  by  Mr.  Giles,  of  Boston,  were  ordered  to  be  printed. 

And  at  ten  minutes  before  seven  o'clock,  on  motion  of  Mr.  BROWN, 
of  Douglas, 

The  Convention  adjourned. 


1853.]  JOURNAL   OF   THE    CONVENTION.  241 


TUESDAY,  July  19,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap^ 
lain.  The  Journal  of  yesterday  was  read. 

Mr,  HoBBS,of  Weston,  presented  the  Credentials  of  Mr.  Charles  C. 
Hazewell,  elected  a  Delegate  from  Concord,  in  place  of  Mr.  Gourgas, 
deceased ;  which  were  received,  and  the  Delegate  was  admitted. 

Mr.  GRISWOLD,  member  for  Erving,  from  the  Committee  on.  the 
House  of  Representatives,  submitted  a  Report,  inexpedient  to  act 
upon  the  subject  of  an  Order  of  June  25th,  on  the  expediency  of 
providing  that  towns  and  districts  may  have  the  right  to  be  repre 
sented  by  any  citizens  of  the  Commonwealth. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

The  Order  offered  yesterday  by  Mr.  Wilson,  of  Natick,  on  the  sub 
ject  of  the  pay  roll,  was  taken  up  and  considered. 

Mr.  WHEELER,  of  Lincoln,  moved  to  amend  the  Order,  by  insert 
ing  the  words,  "  and  that  the  members  of  the  Convention  be  required 
to  certify  under  oath  their  attendance." 

Pending  the  question, 

On  motion  of  Mr.  HYDE,  of  Sturbridge,  the  Order  was  laid  upon 
the  table,  by  a  vote  of  one  hundred  and  thirty-seven  in  the  affirmative 
to  forty-four  in  the  negative. 

The  Order  offered  yesterday,  by  Mr.  Brown,  of  Medway,  limiting 
speeches  to  fifteen  minutes  time,  was  taken  up  and  considered. 

Mr.  ASPINWALL,  of  Brookline,  moved  to  amend  the  Order,  by  strik 
ing  out  the  words  "  except  chairmen  of  the  committees." 

Pending  this  question,  on  motion  of  Mr.  ALLEN,  of  Worcester,  the 
Order  was 

Laid  upon  the  table. 

Mr.  BRIGGS,  of  Pittsfield,  moved  that  the  Resolve  on  the  subject  of 
appropriations  for  sectarian  schools,  be  taken  from  the  table,  and 
placed  in  the  Orders  of  the  Day. 

But  the  motion  was  rejected,  by  a  vote  of  seventy-three  in  the 
affirmative,  to  eighty -five  in  the  negative. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolves  relating  to  elections  by  plu 
rality  and  majority, 

And  the  pending  question  was  upon  the  amendment  offered  yes 
terday,  by  Mr.  Schouler,  of  Boston. 

Mr.  UPTON,  of  Boston,  moved  to  amend  the  first  Resolve,  by  strik 
ing  out  all  after  the  word  "  the  "  at  the  end  of  the  sixth  line,  (printed 

16 


242 


JOURNAL    OF   THE    CONVENTION. 


[July  19th, 


copy,)  and  inserting  instead  thereof,  the  words  "  individual  having  the 
highest  number  of  votes  shall  be  declared  elected." 

But  the  amendment  was  rejected. 

The  question  was  then  stated  upon  Mr.  Schouler's  amendment, 

And  the  roll  being  called,  it  appeared  that  one  hundred  and  sixty 
members  voted  for  the  amendment,  and  one  hundred  and  sixty 
against  it. 

The  President  voted  in  the  negative,  and  the  amendment  was 
rejected. 

Afterwards,  Mr.  BATES,  of  Plymouth,  stated  that  a  mistake  had 
occurred,  in  placing  the  name  of  Mr.  Brown,  of  Tolland,  among 
those  who  had  voted  for  the  amendment. 

It  appearing  that  the  name  of  Mr.  Brown  had  been  thus  recorded, 
and  it  also  appearing,  from  the  statement  of  that  gentleman,  that  he 
did  not  vote  upon  the  question,  it  was 

Ordered,  That  the  Journal  be  amended  so  as  to  conform  to  the 
facts. 

Those  who  voted  in  the  affirmative  are  : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
George  Austin, 
Samuel  Ayres, 
Joseph  Barrows, 
Luther  V.  Bell, 
Henry  W.  Bishop, 
George  W.  Blagden, 
George  S.  Boutwell, 
Ebenezer  Bradbury, 
Milton  P.  Branian, 
Hiram  N.  Breed, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Adolphus  F.  Brown, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Anson  Burlingame, 
Timothy  W.  Carter, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Josiah  Childs, 
Henry  Clark, 
Alpheus  B.  Clarke, 


Messrs.  Stillman  Clarke, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Sumner  Cole, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Simeon  Crittenden, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Henry  W.  Cushman, 
Richard  H.  Dana,  Jr., 
Solomon  Davis, 
Henry  L.  Dawes, 
Silas  Dean, 
James  C.  Doane, 
James  Easton,  2d, 
Lilley  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Homer  Ely, 
A.  G.  Farwell, 
Aaron  Foster, 
Charles  H.  French, 
Richard  Frothingham,  Jr., 
Wanton  C.  Gilbert, 
Robert  Gould, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


243 


Messrs.  Dalton  Goulding, 
John  C.  Gray, 
Jabez  Green, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Artemas  Hale, 
Charles  B.  Hall, 
A.  B.  Hammond, 
George  Haskell, 
Stephen  E.  Hawkes, 
George  Hay  ward, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
James  Hewes, 
Levi  Heywood, 
George  S.  Hillard, 
William  Hinsdale, 
Aaron  Hobart, 
Edwin  Hobbs, 
Foster  Hooper, 
Thomas  Hopkinson, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Charles  P.  Huntington, 
Samuel  A.  Hurlburt, 
Benjamin  D.  Hyde, 
Samuel  Jackson, 
John  Jacobs, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Joseph  Kingman, 
Henry  W.  Kinsman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
Charles  L.  Knowlton, 
George  H.  Kuhn, 
John  S.  Ladd, 
Alden  Leland, 
Tristram  Littlefield, 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
Reuben  Header, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 


Messrs.  Joseph  B.  Morss, 
Marcus  Morton, 
Jonathan  Nayson, 
Daniel  Noyes, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Charles  Osgood, 
John  G.  Park, 
Adolphus  G.  Parker, 
Jonathan  C.  Perkins, 
Jeremiah  Pomroy, 
George  Putnam, 
John  A.  Putnam, 
Robert  Rantoul, 
James  Reed, 
John  Sargent, 
William  Schouler, 
Chester  Sikes, 
John  S.  Sleeper, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr., 
J.  Thomas  Stevenson, 
Charles  S.  Storrow, 
Alfred  L.  Strong, 
Increase  Sumner, 
Thomas  Talbot, 
Ralph  Taylor, 
Charles  R.  Train, 
David  Turner, 
David  P.  Turner, 
Charles  W.  Upham, 
George  B.  Upton, 
Joel  Viles, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Samuel  Walker, 
Samuel  Warner,  Jr., 
Cyrus  Weeks, 
William  F.  Wheeler, 
Benjamin  White, 
Daniel  Wilbur, 
Joel  Wilder, 
John  H.  Wilkins, 
Ezra  Wilkinson, 
J.  B.  Williams, 
Milo  Wilson, 
Jonathan  B.  Winn, 
Nathaniel  Wood. 


244 


JOURNAL    OF    THE    CONVENTION. 


[July  19th, 


Those  who  voted  in  the  negative  are : — 


Messrs.  Josiah  G.  Abbott, 
Shubael  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
D.  W.  Alvord, 
Hillel  Baker, 
Nathaniel  P.  Banks,  Jr., 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
William  S.  Booth, 
Sevvell  Boutwell, 
Asa  Bronson, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown* 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Benjamin  F.  Butler, 
"William  Carruthers, 
Isaac  Case, 
Daniel  E.  Chapin,, 
Henry  Chapin, 
J.  McKean  Churchill, 
Ransom  Clark, 
William  Cleverly, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Joseph  W.  Cross, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Ebenezer  Davis, 
Isaac  Davis, 
Gilman  Day, 
Elijah  S.  Deming, 
Augustus  Denton, 
Alexander  De  Witt, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
Calvin  D.  Eaton, 
Sullivan  Fay, 


Messrs.  James  K.  Fellows, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Abram  Foster, 
Samuel  Fowle, 
Samuel  P.  Fowler, 
James  M.  Freeman, 
Rodney  French, 
Samuel  French, 
Luther  Gale, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
John  W.  Graves, 
William  B.  Greene, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
William  Haskins, 
Elnathan  P.  Hathaway, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
William  H.  Hewes, 
Henry  Hobart, 
George  Hood, 
Martin  Howard, 
Henry  K.  Hoyt, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Johnson, 
Isaac  Kendall, 
Edward  L.  Keyes, 
Joseph  Kimball, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Luther  Lawrence, 
,    Abishai  Lincoln, 
Otis  Little, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
James  M.  Moore, 
Elbridge  G.  Morton, 
William  S.  Morton, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


245 


Messrs.  Charles  Newman, 
William  Nichols, 
Alfred  Norton, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
James  M.  Pool, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Samuel  H.  Richardson, 
John  Rogers, 
David  S.  Ross, 
Amasa  Sanderson, 
Chester  Sanderson, 
Luther  Sheldon, 
John  Sherril, 


Messrs.  John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
William  Stevens, 
Gideon  Stiles, 
Arnold  Taft, 
Willard  Thayer,  2d, 
Charles  Thompson, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
William  Tyler, 
Orison  Underwood, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Asa  H.  Waters, 
Ger shorn  B.  Weston, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Joseph  Wilbur, 
Henry  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


One  hundred  and  fifty-nine  in  the  affirmative,  and  one  hundred  and 
sixty-one  in  the  negative. 

Mr.  HATHAWAY,  of  Freetown,  moved  to  amend  the  third  Resolve, 
by  striking  out  the  words  "  in  the  election  of,"  in  the  first  line,  and 
also  all  after  the  words  "  general  court,"  and  inserting  after  the  words 
"  general  court "  the  words  "  shall  be  elected  as  by  law  shall  be  pro 
vided." 

Mr.  SUMNER,  member  for  Otis,  moved  a  reconsideration  of  the  vote 
by  which  the  amendment  offered  by  Mr.  Schouler,  was  rejected. 

And  upon  this  question, 

On  motion  of  Mr.  WHEELER,  of  Lincoln,  the  yeas  and  nays  were 
ordered. 

Mr.  TRAIN,  of  Framingham,  moved  the  Previous  Question, 

And  upon  this  motion, 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  yeas  and  nays  were 
ordered. 

At  a  quarter  before  one  o'clock,  on  motion  of  Mr.  LORD,  of  Salem, 

The  Convention  adjourned. 


246  JOURNAL    OF    THE    CONVENTION.  [July  19th, 


AFTERNOON    SESSION. 

Met  according  to  adjournment. 

Mr.  BIRD,  of  Walpole,  from  the  Committee  on  the  Preservation  of 
the  Records,  submitted  a  Report  and  Resolves  on  that  subject. 

On  motion  of  Mr.  BIRD,  the  Resolves  were  considered,  and  they 
were  ordered  to  a  second  reading. 

Mr.  HOOPER,  of  Fall  River,  moved  a  reconsideration  of  the  vote 
by  which  the  Resolve  on  the  subject  of  the  incorporation  of  new 
towns,  was  indefinitely  postponed. 

And  the  motion  was  placed  in  the  Orders  of  the  Day. 

Mr.  WILSON,  of  Natick,  moved  that  the  hour  of  ten  to-morrow,  be 
assigned  for  taking  the  question  upon  the  Resolves  on  the  subject  of 
elections  by  plurality  and  majority. 

Without  taking  the  question, 

On  motion  of  Mr.  LORD,  of  Salem,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolves  relating  to  elections  by  plurali 
ty  and  majority, 

And  the  pending  question  was  the  motion  of  Mr.  Sumner,  member 
for  Otis,  that  the  vote  by  which  Mr.  Schouler's  amendment  was 
rejected,  be  reconsidered. 

And  the  roll  being  called,  one  hundred  and  forty-nine  members 
voted  for  the  reconsideration,  and  one  hundred  and  eighty-nine 
against  it. 

So  the  motion  to  reconsider  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Benjamin  P.  Adams,  Messrs.  Cephas  C.  Bumpus, 

P.  Emory  Aldrich,  Timothy  W.  Carter, 

Robert  Andrews,  Amariah  Chandler, 

William  Aspinwall,  Chester  W.  Chapin, 

David  C.  Atwood,  Rufus  Choate, 

Samuel  Ayres,  Jacob  Coggin, 

Joseph  Barrows,  Nathaniel  Cogswell, 

James  M.  Beebe,  Sumner  Cole, 

Jacob  Bigelow,  Ithamar  Conkey, 

Gad  O.  Bliss,  Henry  F.  Cooledge, 

Ebenezer  Bradbury,  Simeon  Crittenden, 

Milton  P.  Braman,  George  W.  Crockett, 

Hiram  N.  Breed,  Leander  Crosby, 

Osmyn  Brewster,  Seth  Crowell, 

Francis  Brinley,  Joseph  Cummings, 

George  N.  Briggg,  Richard  H.  Dana,  Jr., 

Rufus  Bullock,  John  Davis, 


I853/ 


JOURNAL    OF   THE    CONVENTION. 


247 


Messrs.  Solomon  Davis, 
Henry  L.  Dawes, 
Elijah  S.  Deming, 
James  C.  Doane, 
James  Easton,  2d, 
Lilley  Eaton, 
Homer  Ely, 
William  T.  Eustis, 
A.  G.  Farwell, 
Aaron  Foster, 
Charles  H.  French, 
Richard  Frothingham,  Jr. 
Henry  J.  Gardner, 
Wanton  C.  Gilbert, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Jabez  Green, 
Simon  Greenleaf, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
Stephen  E.  Hawkes, 
George  Hay  ward, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
James  Hewes, 
Levi  Hey  wood, 
George  S.  Hillard, 
William  Hinsdale, 
Aaron  Hobart, 
Thomas  Hopkinson, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Charles  P.  Huntington, 
Samuel  A.  Hurlburt, 
Benjamin  D.  Hyde, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
John  Johnson, 
Giles  C.  Kellogg, 
Joseph  Kingman, 
Henry  W.  Kinsman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
George  H.  Kuhn, 
John  S.  Ladd, 


Messrs.  Alden  Leland, 

Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Joseph  B.  Morss, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Daniel  Noyes, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
James  W.  Paige, 
John  G.  Park, 
Adolphus  G.  Parker, 
Jonathan  C.  Perkins, 
Jeremiah  Pomroy, 
Peter  Powers, 
John  A.  Putnam, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed9 
John  Sargent, 
William  Schouler, 
Chester  Sikes, 
John  S.  Sleeper, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr.t 
Charles  S.  Storrow, 
Increase  Sumner, 
Thomas  Talbot, 
Ralph  Taylor, 
John  W.  Thomas, 
Edmund  P.  Tikston, 
Charles  R.  Train, 
David  Turner, 
John  S.  Tyler, 
Charles  W.  Upham, 
George  B.  Upton, 
Joel  Viles, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Samuel  Walker, 
Cyrus  Weeks, 
Thomas  Wetmore, 


248 


JOURNAL   OF   THE    CONVENTION. 


[July  19th, 


Messrs.  William  F.  Wheeler, 
Benjamin  White, 
Daniel  Wilbur, 
Joel  Wilder, 
John  H.  Wilkins, 


Messrs.  Ezra  Wilkinson, 
J.  B.  Williams, 
Milo  Wilson, 
Nathaniel  Wood. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Josiah  G.  Abbott, 
Shubael  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
John  B.  Alley, 
D.  W.  Alvord, 
Hillel  Baker, 
Alvah  Ballard, 
George  S.  Ball, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
William  S.  Booth, 
George  S.  BoutweE, 
Sewell  Boutwell, 
William  J.  A.  Bradford, 
Asa  Bronson, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Henry  Cady, 
William  Camithers, 
Isaac  Case, 
Daniel  E.  Chapin, 
Henry  Chapin, 
J.  McKean  Churchill, 
Henry  Clark, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
Stillman  Clarke, 
William  Cleverly, 
George  B.  Crane, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 


Messrs.  Simeon  N.  Cutler, 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Gilman  Day, 
Silas  Dean, 
Augustus  Denton, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Abram  Foster, 
Samuel  Fowle, 
Samuel  P.  Fowler, 
James  M.  Freeman, 
Charles  A.  French, 
Samuel  French, 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Leonard  Gooding, 
John  W.  Graves, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
William,  Haskins, 
Elnathan  P.  Hathaway, 
Isaac  Hay  den, 
Charles  C.  Hazewell, 


1853.] 


JOURNAL    OF   THE    CONVENTION. 


249 


Messrs.  Ezra  Heath,  2d, 

William  H.  Hewes, 
Henry  Hobart, 
Edwin  Hobbs, 
George  Hood, 
Foster  Hooper, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Isaac  Kendall, 
Edward  L.  Keyes, 
Joseph  Kimball, 
J.  S.  C.  Knowlton, 
"William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Luther  Lawrence, 
Abishai  Lincoln, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Charles  Mason, 
Reuben  Meader, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
William  S.  Morton, 
Charles  Newman, 
William  Nichols, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 


Messrs.  Sylvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
Luther  Sheldon, 
John  Sherril, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Arnold  Taft, 
Willard  Thayer,  2d, 
Charles  Thompson, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
David  P.  Turner, 
Orison  Underwood, 
George  A.  Vinton, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Asa  H.  Waters, 
Gershom  B.  Weston, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Joseph  Wilbur, 
Henry  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


The  question  recurred  upon  the  amendment  offered  by  Mr.  Hatha 
way,  of  Freetown,  in  the  morning  session  ; 


250  JOURNAL    OF    THE    CONVENTION.  [July  20th, 

And  it  was  rejected. 

Mr.  WILSON,  of  Natick,  moved  to  amend  by  striking  out  the  third 
and  fourth  Resolves,  and  inserting  in  their  place  the  following : — 

Resolved,  That  the  Constitution  be  so  amended  as  to  provide  that 
in  all  elections  of  representatives  to  the  general  court,  when  no  election 
is  effected  on  the  first  trial,  the  meetings  may  be  adjourned,  from  time 
to  time,  until  the  meeting  of  the  legislature  to  which  the  said  repre 
sentatives  are  to  be  chosen,  provided  that  no  one  adjournment  shall 
be  for  a  longer  time  than  six  days. 

The  amendment  was  rejected  by  a  vote  of  fifty-nine  in  the  affirma 
tive,  to  one  hundred  and  forty-five  in  the  negative. 

Mr.  ALLEN,  of  Worcester,  moved  to  amend  by  striking  out  the  third 
Resolve. 

Mr.  STETSON,  of  Braintree,  moved  the  Previous  Question ;  which 
was  ordered. 

Mr.  Allen's  amendment  was  then  rejected. 

The  question  being  upon  ordering  the  Resolves  to  a  second  reading, 
a  call  was  made  for  a  division  of  the  question, 

And  the  first  Resolve  was  adopted  by  a  vote  of  one  hundred  and 
forty  in  the  affirmative,  to  ninety  in  the  negative. 

The  second  Resolve  was  then  adopted. 

Mr.  HALLETT,  member  for  Wilbraham,  called  for  the  yeas  and  nays 
upon  the  adoption  of  the  third  Resolve;  but  the  call  was  not  sustained 
by  one-fifth  of  the  members. 

The  third,  fourth,  fifth  and  sixth  Resolves  were  then  adopted  : 

And  so  the  Resolves  were  ordered  to  a  second  reading. 

At  six  o'clock,  on  motion  of  Mr.  DUNCAN,  of  William stown, 

The  Convention  adjourned. 


WEDNESDAY,  July  20,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

On  motion  of  Mr.  BREED,  of  Lynn,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day. 

The  following  subjects  were  passed  over,  viz.  :— 

The  motion  to  reconsider  the  vote  by  which  the  Resolve  concern 
ing  the  incorporation  of  new  towns,  was  indefinitely  postponed. 


1653.]  JOURNAL    OF    THE    CONVENTION.  251 

The  Resolves  on  the  subject  of  the  Judiciary  ;  and 

The  Resolve  on  the  subject  of  Harvard  College. 

The  next  subject  was  the  Resolve  concerning  general  constitutional 
provisions  for  the  creation  of  corporations. 

After  debate,  Mr.  WATERS,  of  Millbury,  moved  the  Previous  Ques 
tion,  which  was  ordered. 

And  the  Resolve  was  finally  passed,  as  follows : — 

Resolved,  That  it  is  expedient  io  incorporate  into  the  Constitution 
a  provision,  that  corporations  shall  not  be  created  by  special  act,  when 
the  object  of  the  incorporation  shall  be  attainable  under  general  laws. 

On  motion  of  Mr.  KNOWLTON,  of  Worcester,  the  Convention  took 
up  the  Resolves  on  the  subject  of  the  judiciary,  previously  passed 
over. 

Mr.  KNOWLTON  offered  the  following  amendment,  viz. : — 
Strike  out  all  of  the  last  Resolve,  after  the  word  "  Resolved,"  and 
insert  the  following  : — 

That  it  is  expedient  so  to  amend  the  Constitution,  that  all  judicial 
officers,  except  those  concerning  whom  a  different  provision  shall  be 
made  in  the  Constitution,  shall  be  nominated  and  appointed  by  the 
Governor,  by  and  with  the  consent  of  the  Senate,  for  the  term  of 
seven  years ;  that  they  may  be  reappointed  at  the  expiration  of  such 
term  ;  and  that  all  such  nominations  shall  be  made  at  least  seven  days 
before  such  appointment. 

Mr.  DANA,  member  for  Manchester,  moved  that  the  amendment  be 
laid  upon  the  table ;  but  afterwards  withdrew  the  motion. 
Without  taking  the  question  upon  the  Resolves, 
At  one  o'clock,  the  Convention  adjourned. 

AFTERNOON    SESSION. 

Met  according  to  adjournment. 

Mr.  CUSHMAN,  of  Bernardston,  offered  a  Resolve,  intended  as  an 
amendment  to  the  Resolves  on  the  subject  of  the  election  of  justices 
of  the  peace. 

Ordered  to  be  printed. 

Mr.  FAY,  of  Southborough,  from  the  Committee  on  Leave  of 
Absence,  submitted  a  Report,  granting  leave  of  absence  to  Mr.  Nor 
ton,  of  Tisbury,  for  the  remainder  of  the  session. 

The  Report  was  considered  and  accepted. 


252  JOURNAL    OF    THE    CONVENTION.  [July  20th, 

The  Convention  resumed  the  consideration  of  the  Orders  of  the 
Day. 

Mr.  HOOPER,  of  Fall  River,  moved  to  amend  the  amendment  of 
Mr.  Knowlton,  by  striking  out  all  after  the  word  "  that "  in  the  second 
line,  and  inserting  instead  thereof,  the  words  : — 

All  vacancies  occasioned  by  death,  resignation,  or  other  cause, 
among  the  judges  of  the  supreme  judicial  court,  shall  be  filled  by  an 

election  at  large  throughout  the  State,  for  a  term  of years,  so 

arranged  that  two  shall  not  be  elected  at  the  same  time  for  the  same 
term  of  years. 

Resolved,  That  it  is  expedient  so  to  revise  the  Constitution,  as  to 
require  that  provision  shall  be  made,  by  law,  for  the  election  of  all  the 
judges  and  justices  of  inferior  courts,  in  districts,  for  a  term  of  years ; 
and  that  so  long  as  the  court  of  common  pleas  shall  continue  as  at 
present  constituted,  the  judges  thereof  shall  be  elected  in  districts  for 

a  term  of years,  so  arranged  that  only  one  shall  be  elected  in 

any  one  year,  unless  it  shall  be  to  fill  a  vacancy  in  an  unexpired  term, 
and  the  judge  whose  term  of  service  is  first  to  expire,  shall  be  the 
chief  justice  of  said  court,  till  such  expiration,  so  that  each  shall  in 
turn  be,  successively,  the  chief  justice. 

After  debate,  Mr.  ADAMS,  of  Lowell,  moved  the  Previous  Question. 

On  motion  of  Mr.  TRAIN,  of  Framingham,  the  yeas  and  nays  were 
ordered  upon  the  motion  for  the  Previous  Question. 

Mr.  Adams  afterwards  withdrew  his  motion. 

During  the  debate  upon  the  motion  for  the  Previous  Question, 

Mr.  LORD,  of  Salem,  asked  and  obtained  leave  to  make  a  personal 
explanation. 

On  motion  of  Mr.  ADAMS,  of  Lowell,  the  Orders  of  the  Day  were 
laid  upon  the  table. 

On  motion  of  Mr.  FROTHINGHAM,  of  Charlestown, 

Ordered,  That  the  question  upon  the  Resolves  on  the  subject  of 
the  judiciary,  be  taken  at  eleven  o'clock  to-morrow. 

On  motion  of  Mr.  FROTHINGHAM,  the  Orders  of  the  Day  were  laid 
upon  the  table. 

On  motion  of  Mr.  BREED,  of  Lynn,  the  yeas  and  nays  were  ordered 
upon  the  adoption  of  Mr.  Hooper's  amendment. 

At  six  o'clock,  on  motion  of   Mr.  SCHOULER,  of  Boston, 

The  Convention  adjourned. 


1853.]  JOURNAL   OF    THE    CONVENTION.  253 


THURSDAY,  July  21,  1853. 

Met  according  to  adjournment.  In  the  absence  of  the  President, 
the  Convention  was  called  to  order  by  William  S.  Robinson,  one  of 
the  Secretaries.  Prayer  was  offered  by  the  Chaplain. 

On  motion  of  Mr.  RANTOUL,  of  Beverly, 

Ordered,  That  the  Convention  proceed  to  the  election  of  a  Presi 
dent  pro  tempore,  by  nomination. 

Mr.  RANTOUL  then  nominated  Mr.  Wilson,  of  Natick,  to  be  Presi 
dent  pro  tempore. 

And  this  motion  was  unanimously  agreed  to. 

Messrs.  Briggs,  of  Pittsfield,  and  Boutwell,  member  for  Berlin,  were 
requested  to  conduct  Mr.  WILSON  to  the  chair ;  which  they  did, 

And  the  President  pro  tempore  announced  his  acceptance  of  this 
office,  and  entered  upon  its  duties. 

The  Journal  of  yesterday  was  then  read. 

Mr.  TYLER,  of  Pawtucket,  offered  the  following  Order,  which,  pend 
ing  an  amendment  offered  by  Mr.  Earle,  of  Worcester,  was  laid  over: 

Ordered,  That  the  Committee  on  Reporting  and  Printing,  be 
instructed  to  append  to  the  published  Debates  and  Proceedings  of 
the  Convention,  Poole's  Statistical  View  of  the  Delegates  thereof, 
with  such  additions  and  improvements  as  may  be  deemed  expedient 
by  the  committee. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin, 

Ordered,  That  the  Committee  appointed  to  reduce  amendments  to 
form,  have  leave  to  report  in  print. 

On  motion  of  the  same  gentleman, 

Ordered,  That  the  adjournment  of  the  forenoon  session  hereafter 
take  place  at  two  o'clock. 

On  motion  of  the  same  gentleman,  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolves  on  the  judiciary,  and  the  pend 
ing  question  was  upon  the  amendment  of  Mr.  Hooper  to  the  amend 
ment  of  Mr.  Knowlton. 

After  debate,  on  motion  of  Mr.  BARTLETT,  of  Boston,  sustained  by 
a  vote  of  one  hundred  and  twenty-three  in  the  affirmative,  to  sixty- 
one  in  the  negative, 

The  Orders  of  the  Day  were  laid  upon  the  table. 


254  JOURNAL    OF    THE    CONVENTION.  [July  21st, 

Mr.  BARTLETT  then  moved  to  amend  the  Order  adopted  yesterday, 
on  the  subject  of  closing  the  debate,  by  adding  thereto  the  following : 

Amendments  shall  be  admitted  after  debate  upon  the  main  question 
shall  cease,  and  the  mover  of  each  amendment  shall  be  allowed  ten 
minutes  to  explain  his  amendment,  and  the  same  time  shall  be 
allowed  to  members  of  the  Convention  who  shall  obtain  the  floor  to 
oppose  such  amendment,  when  the  question  thereon  shall  be  taken 
without  further  debate. 

After  debate,  Mr.  DANA,  member  for  Manchester,  moved  the  Pre 
vious  Question  ;  which  was  ordered, 

And  the  amendment  of  Mr.  Bartlett  was  rejected,  by  a  vote  of  one 
hundred  and  forty  in  the  affirmative,  to  one  hundred  and  forty-four  in 
the  negative. 

On  motion  of  Mr.  KNOWLTON,  of  Worcester,  the  Orders  of  the  Day 
were  laid  upon  the  table. 

By  leave  of  the  Convention, 

Mr.  KNOWLTON  modified  his  amendment  by  inserting  after  the  word 
"  years,"  in  the  fifth  line,  the  words  "  and  for  the  purpose  of  such 
confirmation,  the  governor  shall  have  the  power  to  convene  the  Senate 
from  time  to  time  at  his  discretion." 

Mr.  HOOPER  also  modified  his  amendment  by  striking  out  the  words 
"  in  districts,"  in  the  third  and  fourth  lines  of  the  second  Resolve, 
(printed  cop}'',)  and  by  inserting  a  blank  before  the  word  "  years,"  in 
the  fourth  line. 

The  question  was  then  stated  upon  adopting  the  amendment  of 
Mr.  Hooper,  as  modified  ; 

And  the  roll  being  called,  one  hundred  and  fifty  members  voted  for 
the  amendment,  and  two  hundred  and  thirty-six  against  it. 

So  the  amendment  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 

P.  Emory  Aldrich,  Messrs.  Adolphus  F.  Brown, 

James  B.  Allen,  Hammond  Brown, 

Josiah  Allis,  Frederick  Brownell, 

D.  "W.  Alvord,  Joseph  Brownell, 

George  Austin,  Patrick  Bryant, 

Hillel  Baker,  Asahel  Buck, 

Alpheus  Bancroft,  Anson  Burlingame, 

Marcus  Barrett,  Benjamin  F.  Butler, 

Moses  Bates,  Jr.,  Isaac  Case, 

Edward  B.  Bigelow,  Josiah  Childs, 

Francis  W.  Bird,  Henry  Clark, 

Sewell  Boutwell,  Alpheus  B.  Clarke, 

Hiram  N.  Breed,  William  Cleverly, 

Asa  Bronson,  Sumner  Cole, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


255 


Messrs.  George  B.  Crane, 
Oliver  S.  Cressy, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Isaac  Davis, 
Robert  T.  Davis, 
Henry  L.  Dawes, 
Gilman  Day, 
Silas  Dean, 
Augustus  Denton, 
Samuel  Duncan, 
B  radish  Dunham, 
John  M.  Durgin, 
John  M.  Earle, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Joseph  M.  Ely, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Eitch, 
Abram  Foster, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Richard  Frothingham,  Jr., 
Leonard  Gooding, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Lyman  W.  Hapgood, 
Stephen  E.  Hawkes, 
Charles  C.  Hazewell, 
Ezra  Heath,  2d, 
William  H.  Hewes, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Charles  P.  Huntington, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Edward  L.  Keyes, 
Joseph  Kingman, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 


Messrs.  Abishai  Lincoln, 
Otis  Little, 
Justin  E.  Loomis, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Joseph  B.  Morss, 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
Charles  Newman, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Jonathan  Parris, 
John  Partridge, 
Daniel  A.  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
Silas  Rawson, 
Daniel  Richardson, 
Nathan  Richardson, 
Elkanah  Ring,  Jr., 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
Luther  Sheldon, 
Perez  Simmons, 
John  W.  Simonds, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr., 
Alfred  L.  Strong, 
Charles  Sumner, 
Increase  Sumner, 
Arnold  Taft, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Abraham  Tilton, 
David  P.  Turner, 
William.  Tyler, 
Orison  Underwood, 
Charles  W.  Upham, 


256 


JOURNAL    OF    THE    CONVENTION. 


[July  21st, 


Messrs.  Amasa  Walker, 

Andrew  H.  Ward, 
Gershom  B.  Western, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Daniel  Wilbur, 
Joseph  Wilbur, 


Messrs.  Henry  Williams, 
J.  B.  Williams, 
Willard  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Josiah  G.  Abbott, 

Benjamin  P.  Adams, 
Shubael  P.  Adams, 
Charles  Allen, 
Joel  C.  Allen, 
John  B.  Alley, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
Samuel  Ayres, 
George  S.  Ball, 
Joseph  Barrows, 
Sidney  Bartlett, 
Eliakim  A.  Bates, 
Erasmus  D.  Beach, 
John  Beal, 
James  M.  Beebe, 
Luther  V.  Bell, 
William  Bennett,  Jr., 
Zephaniah  Bennett, 
Jacob  Bigelow, 
Henry  W.  Bishop, 
George  W.  Blagden, 
Gad  O.  Bliss, 
William  S.  Booth, 
George  S.  Boutwell, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hiram  C.  Brown, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Henry  Cady, 
Timothy  W.  Carter, 
William  Carruthers, 
Amariah  Chandler, 
Henry  Chapin, 
Rufus  Choate, 
J.  McKean  Churchill, 


Messrs.  Ransom  Clark, 
Stillman  Clarke, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
Simeon  Crittenden, 
George  W.  Crockett, 
Leander  Crosby, 
Joseph  W.  Cross, 
Seth  Crowell, 
Francis  B.  Crowninshield, 
Joseph  Cummings, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr., 
Charles  G.  Davis, 
Ebenezer  Davis, 
John  Davis, 
Solomon  Davis, 
William  Dehon, 
Elijah  S.  Deming, 
Hiram  S.  Denison, 
James  C.  Doane, 
Moses  Dor  man, 
Philip  Eames, 
Peter  Easland, 
James  Easton,  2d, 
Lilley  Eaton, 
Samuel  Edwards, 
Homer  Ely, 
William  T.  Eustis, 
A.  G.  Farwell, 
Sullivan  Fay, 
James  K.  Fellows, 
Aaron  Foster, 
Samuel  Fowle, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Luther  Gale, 
Henry  J.  Gardner, 


1853.] 


JOURNAL   OF   THE   CONVENTION. 


257 


Messrs.  Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Washington  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Daniel  W.  Gooch, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  W.  Graves, 
John  C.  Gray, 
Jabez  Green, 
Simon  Greenleaf, 
Samuel  P.  Hadley, 
Artemas  Hale, 
Nathan  Hale, 
Benjamin  F.  Hallett, 
A.  B.  Hammond, 
Seth  Hapgood, 
William  Haskins, 
Elnathan  P.  Hathaway, 
Isaac  Hayden, 
George  Hayward, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
James  Hewes, 
Levi  Hey  wood, 
George  S.  Hillard, 
William  Hinsdale, 
Aaron  Hobart, 
Henry  Hobart, 
Edwin  Hobbs, 
Thomas  Hopkinson, 
Samuel  Houghton, 
Martin  Howard, 
Abraham  H.  Howland, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Samuel  A.  Hurlburt, 
Moses  C.  Hurlbut, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
John  Johnson, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Joseph  Kimball, 
Henry  W.  Kinsman, 
Hiram  Knight, 
17 


Messrs..  Jefferson  Knight, 
Joseph  Knight, 
Charles  L.  Knowlton, 
George  H.  Kuhn, 
Gardner  P.  Ladd, 
John  S.  Ladd, 
Frederic  W.  Lincoln,  Jr. 
Tristram  Littlefield, 
Isaac  Livermore, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Theophilus  R,  Marvin, 
Reuben  Meader, 
Seth  Miller,  Jr., 
•Samuel  Mixter, 
George  Morey, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
William  Nichols, 
Alfred  Norton, 
Daniel  Noyes, 
Joseph  E.  Ober, 
Henry  K.  Olrver, 
Nathan  Orcutt, 
James  W.  Paige, 
Henry  Paine, 
John  G.  Park, 
Adolphus  G.  Parker, 
Joel  Parker, 
Samuel  D«  Parker, 
Samuel  C.  Parsons, 
Thomas  A.  Parsons, 
George  Peabody, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Jesse  Perkins, 
Sylvanus  B.  Phinney, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
Jonathan  Preston, 
George  Putnam, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
David  Rice, 
Luther  Richards, 
Samuel  H.  Richardson, 


JOURNAL    OF   THE    CONVENTION.  [July  21st, 

Messrs.  Julius  Rockwell,  Messrs.  Charles  K.  Train, 

Joseph  M.  Rockwood,  David  Turner, 

George  R.  Sampson,  John  S.  Tyler, 

John  Sargent,  George  B.  Upton, 

"William  Schouler,  Joel  Viles, 
John  Sherril,  George  A.  Vinton, 

Chester  Sikes,  Samuel  B.  Walcott, 

John  S.  Sleeper,  Bradford  L.  Wales, 

Matthew  Smith,  Freeland  Wallis, 

John  Souther,  Samuel  Walker, 

Caleb  Stetson,  Marshal  Warner, 

Charles  G.  Stevensr  Samuel  Warner,  Jr.y 

William  Stevens,  Asa  H.  Waters, 

J.  Thomas  Stevenson,  Cyrus  Weeks, 

Gideon  Stiles,  Thomas  Wetmore, 

Charles  S.  Storrow,  William  F.  Wheeler, 

Isaac  C.  Taber,  Benjamin  White, 

Thomas  Talbot,  Joel  Wilder, 

Ralph  Taylor,  John  H.  Wilkins, 

Joseph  Thayer,  Henry  Wilson, 

Charles  Thompson,  Milo  Wilson, 

Edmund  P.  Tileston,  Jonathan  B.  Winn, 

Horatio  W.  Tilton,  Nathaniel  Wood. 

Mr.  DAVIS,  of  Plymouth,  moved  to  amend  the  amendment  of  Mr, 
Knowlton,  by  substituting  the  word  "  Council "  for  the  word 
"  Senate,"  and  by  striking  out  the  words  "  and  for  the  purpose  of 
such  confirmation,  the  governor  shall  have  the  power  to  convene  the 
Senate,  from  time  to  time,  at  his  discretion." 

A  division  of  the  question  was  called  for,  and  the  question  being 
taken  upon  substituting  the  word  "  Council "  for  the  word  "  Senate," 
the  amendment  was  adopted  by  a  vote  of  two  hundred  and  thirteen 
in  the  affirmative,  to  seventy-eight  in  the  negative. 

The  second  branch  of  the  amendment  was  then  adopted. 

On  motion  of  Mr.  ALVORD,  member  for  Montague,  the  amendment 
was  further  amended  by  adding  the  words,  "  and  the  judges  now  in 
office  shall  hold  their  offices  according  to  their  commissions." 

Mr.  HUNTINGTON,  of  Northampton,  moved  to  amend  by  striking  out 
the  word  "  seven"  in  the  fifth  line,  (printed  copy). 

But  the  amendment  was  rejected  by  a  vote  of  one  hundred  and 
sixty-four  in  the  affirmative  to  one  hundred  and  seventy-nine  in  the 
negative. 

Mr.  HALLETT,  member  for  Wilbraham,  moved  to  amend  by  insert 
ing  after  the  word  "  that,"  in  the  first  line,  (printed  copy,)  the  words, 
"  from  and  after  seven  years  from  the  adoption  of  this  Constitution  " ; 

But  afterwards  withdrew  his  amendment. 


1853.]  JOURNAL    OF    THE    CONTENTION.  259 

Mr.  MORTON,  of  Andover,  moved  to  amend  by  striking  out  the  word 
"  seven  "  in  the  fifth  line,  and  inserting  the  word  "  ten." 

Mr.  BREED,  of  Lynn,  called  for  the  yeas  and  nays  on  this  question  ; 
but  the  call  was  not  sustained  by  one-fifth  of  the  members. 

Mr.  Morton's  amendment  was  then  adopted  by  a  vote  of  one  hun 
dred  and  eighty-six  in  the  affirmative,  to  one  hundred  and  seventy- 
three  in  the  negative. 

Mr.  STEVENSON,  of  Boston,  moved  to  amend  by  adding  after  the 
word  "  Constitution,"  in  the  third  line,  (printed  copy,)  the  words, 
"  and  the  justices  of  the  supreme  judicial  court"  ;  but  the  amendment 
was  rejected. 

Mr.  BUTLER,  of  Lowell,  moved  a  reconsideration  of  the  vote  by 
which  the  amendment  offered  by  Mr.  Morton  was  adopted ; 

And  on  his  motion,  the  yeas  and  nays  were  ordered  upon  this 
question. 

And  the  roll  being  called,  one  hundred  and  eighty-nine  members 
voted  for  the  reconsideration,  and  one  hundred  and  ninety-five 
against  it. 

So  the  motion  to  reconisder'was  rejected. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Josiah  G.  Abbott,  Messrs.  Frederick  Brownell, 

Shubael  P.  Adams,  Joseph  Brownell, 

Charles  Allen,  Patrick  Bryant, 

James  B.  Allen,  Asahel  Buck, 

Parsons  Allen,  Anson  Burlingame, 

Josiah  Allis,  Benjamin  F.  Butler, 

D.  W.  Alvord,  Isaac  Case, 

George  Austin,  Josiah  Childs, 

Hillel  Baker,  Henry  Clark, 

George  S.  Ball,  Ransom  Clark, 

Alpheus  Bancroft,  Alpheus  B.  Clarke, 

Marcus  Barrett,  Stillman  Clarke, 

Eliakim  A.  Bates,  William  Cleverly, 

Moses  Bates,  Jr.,  Sumner  Cole, 

William  Bennett,  Jr.,  George  B.  Crane, 

Edward  B.  Bigelow,  Oliver  S.  Cressy, 

Francis  W.  Bird,  Joseph  W.  Cross, 

Henry  W.  Bishop,  Henry  W.  Cushman, 

William  S.  Booth,  Thomas  Cushman, 

Sewell  Boutwell,  Ebenezer  Davis, 

William  J.  A.  Bradford,  Isaac  Davis, 

Hiram  N.  Breed,  Robert  T.  Davis, 

Asa  Bronson,  Gilman  Day, 

Adolphus  F.  Brown,  Silas  Dean, 

Alpheus  R.  Brown,  Augustus  Denton, 

Artemas  Brown,  Samuel  Duncan, 

Hammond  Brown,  Bradish  Dunham, 


260 


JOURNAL   OF    THE    CONVENTION. 


[July  21st, 


Messrs.  John  M.  Earle, 
Peter  Easland, 
Calvin  D.  Eaton,. 
Elisha  Edwards, 
Joseph  M.  Ely, 
James  K.  FellowSj, 
Lyman  Fisk, 
Ezekiel  W.  Fitch, 
Abram  Foster, 
James  M.  Freeman, 
Charles  A.  French, 
Hodney  Frenchr 
Samuel  French, 
Richard  Frothingham^ 
Johnson  Gardner, 
Charles  G.  Giles, 
Daniel  W.  Gooch,, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
"William  B.  Greener 
Josiah  W.  Griswold, 
"Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood? 
Seth  Hapgood, 
William  Haskins, 
Stephen  E,  Hawkes^ 
Isaac  Hayden, 
Charles  C.  Hazeweli,. 
Ezra  Heath,  2d, 
William  H.  Hewes, 
Henry  Hobart, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 


Messrs.  Wilber  C.  Langdon, 
Luther  Lawrence, 
Alden  Leland, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
William  S.  Morton, 
Jonathan  Nayson, 
Charles  Newman, 
William  Nichols, 
Andrew  T.  Nute, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Jonathan  Parris, 
John  Partridge, 
Nathaniel  Peabody, 
John  Penniman, 
Daniel  A.  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam, 
Silas  Rawson, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
Luther  Sheldon, 
John  Sherril, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Charles  Sumner, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


261 


Arnold  Taft, 
Joseph  Thayer, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Charles  Thompson, 
Abraham  Tilton, 
David  P.  Turner, 
Orison  Underwood, 
Joel  Viles, 
George  A.  Vinton, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Samuel  Warner,  Jr., 


Messrs.  Gershom  B.  Weston, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Daniel  Wilbur, 
Joseph  Wilbur, 
J.  B.  Williams, 
Willard  Wilson, 
Levi  M.  Win  slow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood, 
William  II.  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Joel  C.  Allen, 
John  B.  Alley, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
Samuel  Ayres, 
Joseph  Barrows, 
Sidney  Bartlett, 
Erasmus  D.  Beach, 
John  Beal, 
James  M.  Beebe, 
Luther  V.  BeU, 
Zephaniah  Bennett, 
Jacob  Bigelow, 
George  W.  Blagden, 
Gad  O.  Bliss, 
George  S.  Boutwell, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Hiram  C.  Brown, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Henry  Cady, 
Timothy  W.  Carter, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Daniel  E.  Chapin, 
Henry  Chapin, 
Rufus  Choate, 
J.  McKean  Churchill, 
Jacob  Coggin, 


Messrs.  Nathaniel  Cogswell, 
Lansing  J.  Cole, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F,  Cooledge, 
Benjamin  F.  Copeland, 
Simeon  Crittenden, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Francis  B.  Crowninshield, 
Joseph  Cummings, 
Simeon  N.  Cutter, 
Richard  H.  Dana,  Jr., 
Charle:,  G.  Davis, 
John  Davis, 
Solomon  DaviSj 
Henry  L.  Dawes, 
William  Dehon, 
Elijah  S.  Deming, 
Hiram  S.  Denison, 
Moses  Dorman, 
Philip  Eames, 
James  Easton,  2d, 
Samuel  Edwards, 
Homer  Ely, 
William  T,  Eustis, 
A.  G.  Farwell, 
Sullivan  Fay, 
Emery  Fiske, 
Aaron  Foster, 
Samuel  Fowle, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Luther  Gale, 


262 


JOURNAL    OF    THE    CONVENTION. 


[July  21st, 


Messrs.  Henry  J.  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
"Washington  Gilbert, 
Joel  Giles, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Simon  Greenleaf, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
Elnathan  P.  Hathaway, 
George  Hayward, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
James  Hewes, 
Levi  Hey  wood, 
George  S.  Hillard, 
"William  Hinsdale, 
Aaron  Hobart, 
Edwin  Hobbs, 
Thomas  Hopkinson, 
Samuel  Houghton, 
Abraham  H.  Howlaiid, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntiiigton, 
Charles  P.  Huntiiigton, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
John  Johnson, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Henry  W.  Kinsman, 
Joseph  Knight, 
Charles  L.  Knowlton, 
George  H.  Kuhn, 
John  S.  Ladd, 
Job  G.  Lawton,  Jr., 
Abishai  Lincoln, 
Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 


Messrs.  Laban  Marcy, 

Abijah  P.  Marvin, 
Theophilus  R.  Marvin, 
Reuben  Meader, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Joseph  B.  Morss, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Alfred  Norton, 
Daniel  Noyes, 
Joseph  E.  Ober, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Benjamin  S.  Orne, 
James  W.  Paige, 
John  G.  Park, 
Adolphus  G.  Parker, 
Joel  Parker, 
Samuel  D.  Parker, 
Samuel  C.  Parsons, 
Thomas  A.  Parsons, 
George  Peabody, 
Jeremiah  Pease,  Jr., 
Jesse  Perkins, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
Jonathan  Preston, 
George  Putnam, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
David  Rice, 
Luther  Richards, 
Elkanah  Ring,  Jr., 
Julius  Rockwell, 
Joseph  M.  Rockwood, 
George  R.  Sampson, 
John  Sargent, 
William  Schouler, 
Chester  Sikes, 
John  S.  Sleeper, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 
J.  Thomas  Stevenson, 
Charles  S.  Storrow, 
Increase  Sumner, 
Isaac  C.  Taber, 
Thomas  Talbot, 
Ralph  Taylor, 
Edmund  P.  Tileston, 


1853.]  JOURNAL   OF   THE    CONVENTION.  263 

Messrs.  Horatio  W.  Tilton,  Messrs.  Cyrus  Weeks, 

Charles  R.  Train,  Thomas  Wetmore, 

David  Turner,  William  F.  Wheeler, 

John  S.  Tyler,  Benjamin  White, 

Charles  W.  Upham,  Joel  Wilder, 

George  B.  Upton,  John  H.  Wilkins, 

Samuel  B.  Walcott,  Henry  WiUiams, 

Bradford  L.  Wales,  Milo  Wilson, 

Frederick  T.  Wallace,  Jonathan  B.  Winn. 
Samuel  Walker, 

Mr.  HOOPER,  of  Fall  River,  moved  to  amend  the  amendment,  by 
adding  the  following  words :  "  Provided,  That  no  judge  hereafter 
appointed,  shall  continue  to  hold  office  after  he  shall  have  arrived  at 
the  age  of  seventy  years." 

The  amendment  was  adopted  by  a  vote  of  one  hundred  and  fifty- 
eight  in  the  affirmative,  to  one  hundred  and  fifty-four  in  the  negative. 

On  motion  of  Mr.  HALLETT,  member  for  Wilbraham,  the  amend 
ment  was  further  amended,  by  inserting  after  the  word  "  made,"  in 
the  seventh  line,  (printed  copy,)  the  words  "  and  publicly  announced." 

Mr.  ALLEN,  of  Worcester,  moved  a  reconsideration  of  the  vote  by 
which  the  amendment  offered  by  Mr.  Hooper,  was  adopted. 

And  the  vote  was  reconsidered,  by  a  vote  of  one  hundred  and  sixty- 
eight  in  the  affirmative,  to  one  hundred  and  sixty-two  in  the  negative. 

The  question  then  recurring  upon  the  adoption  of  Mr.  Hooper's 
amendment, 

It  was  rejected,  by  a  vote  of  one  hundred  and  sixty  in  the  affirma 
tive,  to  one  hundred  and  sixty-eight  in  the  negative. 

Mr.  ALLEN,  of  Worcester,  moved  to  amend  the  amendment,  by 
providing  that  the  age  of  seventy-five  should  be  the  limit  of  the  term 
of  service. 

Mr.  THOMAS,  of  Weymouth,  moved  to  make  the  age  of  eighty 
years  the  limit ;  and  Mr.  STETSON,  of  Braintree,  moved  to  make  the 
age  of . seventy-two  years  the  limit;  but  these  amendments  were  suc 
cessively  rejected. 

Mr.  DANA,  member  for  Manchester,  moved  to  amend  the  amend 
ment,  by  adding  the  words :  "  Provided,  that  no  judge  shall  continue 
to  hold  office  after  he  shall  have  arrived  at  the  age  of  seventy-five 
years." 

But  the  amendment  was  rejected,  by  a  vote  of  one  hundred  and 
two  in  the  affirmative,  to  one  hundred  and  ninety-three  in  the  nega 
tive. 

Mr.  GOOCH,  of  Melrose,  moved  a  reconsideration  of  the  vote  by 
which  the  amendment  offered  by  Mr.  Alvord,  member  for  Montague, 
was  adopted ;  but  the  motion  to  reconsider  was  rejected. 


26* 


JOURNAL    OF    THE    CONVENTION. 


[July  21st, 


The  question  then  recurring  upon  the  amendment  of  Mr.  Knowl- 
ton,  as  amended, 

The  roll  was  called,  and  two  hundred  members  voted  for  the 
amendment,  and  one  hundred  and  sixty-four  against  it. 

So  it  was  adopted. 

Those  who  voted  in  the  affirmative  are  : — 


Charles  Allen, 
James  B.  Allen, 
Parsons  Allen, 
John  B.  AUey, 
Josiah  Allis, 
George  Austin, 
George  S.  Ball, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
John  Beal, 

William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
William  J.  A.  Bradford, 
Asa  Broiison, 
Adolphus  F.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Henry  Cady, 
Isaac  Case, 
Daniel  E.  Chapin, 
Josiah  Childs, 
Henry  Clark, 
Hansom  Clark, 
StiUman  Clarke, 
William  Cleverly, 
Henry  F.  Cooledge, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Charles  G.  Davis, 
Isaac  Davis, 
Robert  T.Davis, 


Messrs.  Gilman  Day, 
Silas  Dean, 
Elijah  S.  Deming, 
Augustus  Denton, 
Samuel  Duncan, 
Bradish  Dunham, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
James  Easton,  2d, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Rodney  French, 
Samuel  French, 
Richard  Frothingham,  Jr., 
Luther  Gale, 
Johnson  Gradner, 
Charles  G.  Giles, 
Joel  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
William  Haskins, 
Elnathan  P.  Hathaway, 
Isaac  Hay  den, 
Charles  C.  Hazewell, 


1853.] 


JOURNAL    OF   THE    CONVENTION. 


265 


Messrs.  Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Aaron  Hobart, 
Henry  Hobart, 
Edwin  Hobbs, 
Foster  Hooper, 
Martin  Howard, 
Abraham  H.  Howland, 
Charles  E.  Hunt, 
Charles  P.  Huntington, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
John  Johnson, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Abishai  Lincoln, 
Otis  Little, 
Tristram  Littlefield, 
Justin  E.  Loomis, 
William  P.  Marble, 
Abijah  P.  Marvin, 
Charles  Mason, 
Reuben  Meader, 
Simeon  Merritt, 
James  L.  Munroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Charles  Newman, 
William  Nichols, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
John  Partridge, 


Messrs.  Nathaniel  Peabody, 
John  Penniman, 
Daniel  A.  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam, 
David  Rice, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
Amasa  Sanderson, 
Luther  Sheldon, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Caleb  Stetson, 
Granville  Stevens, 
Gideon  Stiles, 
Charles  Sumner, 
Increase  Sumner, 
Arnold  Taft, 
Joseph  Thayer, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Charles  Thompson, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
David  P.  Turner, 
Orison  Underwood, 
Joel  Viles, 
George  A.  Vinton, 
Frederick  T.  Wallace, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
Daniel  S.  Whitney, 
Daniel  Wilbur, 
Joseph  Wilbur, 
J.  B.  Williams, 
Henry  Wilson, 


266 


JOURNAL   OF   THE    CONVENTION. 


[July  21st, 


Messrs.  Willard  Wilson, 

Jonathan  B.  Winn, 


Messrs.  Levi  M.  Winslow, 
Nathaniel  Wood. 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Josiah  G.  Abbott, 

Benjamin  P.  Adams, 
Shubatl  P.  Adams, 
P.  Emory  Aldrich, 
Joel  C.  Allen, 
D.  W.  Alvord, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
Samuel  Ayres, 
Joseph  Barrows, 
Sidney  Bartlett, 
James  M.  Beebe, 
Luther  V.  Bell, 
Jacob  Bigelow, 
Francis  W.  Bird, 
George  W.  Blagden, 
Gad  O.  Bliss, 
Milton  P.  Braman, 
Hiram  N.  Breed, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Alpheus  R.  Brown, 
Hiram  C.  Brown, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
Timothy  W.  Carter, 
William  Carruthers, 
Amariah  Chandler, 
Henry  Chapin, 
Rufus  Choate, 
J.  McKean  Churchill, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Benjamin  F.  Copeland, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Francis  B.  Crowninshield, 
Joseph  Cummings, 
Richard  H.  Dana,  Jr., 
Ebenezer  Davis, 
John  Davis, 


Messrs.  Solomon  Davis, 
Henry  L.  Dawes, 
William  Dehon, 
Hiram  S.  Denison, 
James  C.  Doane, 
Moses  Dorman, 
Homer  Ely, 
A.  G.  Farwell, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Henry  J.  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Simon  Greenleaf, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
Stephen  E.  Hawkes, 
George  Hay  ward, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
George  S.  Hillard, 
William  Hinsdale, 
Nathaniel  Holder, 
George  Hood, 
Thomas  Hopkinson, 
Samuel  Houghton, 
Henry  K.  Hoyt, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Henry  W.  Kinsman, 
Joseph  Knight, 
John  S.  Ladd, 
Frederic  W.  Lincoln,  Jr., 
Isaac  Livermore, 
Otis  P.  Lord, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


267 


Messrs.  Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Joseph  B.  Morss, 
Marcus  Morton, 
Daniel  Noyes, 
Andrew  T.  Nute, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
James  "W.  Paige, 
John  G.  Park, 
Adolphus  G.  Parker, 
Joel  Parker, 
Samuel  D.  Parker, 
Thomas  A.  Parsons, 
George  Peabody, 
Jeremiah  Pease,  Jr., 
Jesse  Perkins, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
Jonathan  Preston, 
George  Putnam, . 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
Luther  Richards, 
Julius  Rockwell, 
James  C.  Royce, 
George  R.  Sampson, 
John  Sargent, 


Messrs.  William  Schouler, 
John  Sherril, 
Chester  Sikes, 
Perez  Simmons, 
John  S.  Sleeper, 
John  Souther, 
Charles  G.  Stevens, 
J.  Thomas  Stevenson, 
Charles  S.  Storrow, 
Isaac  C.  Taber, 
Thomas  Talbot, 
Ralph  Taylor, 
Edmund  P.  Tileston, 
Charles  R.  Train, 
David  Turner, 
John  S.  Tyler, 
William  Tyler, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Samuel  Walker, 
Cyrus  Weeks, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
Joel  Wilder, 
John  II.  Wilkins, 
Henry  Williams, 
Milo  Wilson, 
Charles  C.  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


Mr.  PHINNEY,  member  for  Chatham,  moved  an  adjournment ;  but 
the  motion  was  rejected. 

The  vote  was  then  taken  separately,  upon  the  final  passage  of  the 
Resolves, 

And  the  first,  second  and  third  of  the  series  were  agreed  to. 

On  motion  of  Mr.  LORD,  of  Salem,  the  yeas  and  nays  were  ordered 
upon  the  passage  of  the  fourth  Resolve. 

Mr.  DENTON,  of  Chelsea,  moved  an  adjournment. 

Mr.  KEYES,  member  for  Abington,  called  for  the  yeas  and  nays  upon 
this  motion  ;  and  they  were  ordered. 

Afterwards,  on  motion  of  Mr.  SHELDON,  of  Easton,  the  vote  by 
which  the  yeas  and  nays  were  ordered,  was  reconsidered, 


268 


JOURNAL    OF    THE    CONVENTION. 


[July  21st, 


And  the  question  recurring  upon  the  demand  for  the  yeas  and  nays, 
it  was  not  sustained. 

The  motion  of  Mr.  Denton  was  then  agreed  to. 
At  two  o'clock,  the  Convention  adjourned. 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  SCHOULER,  of  Boston,  the  Convention  resumed 
the  consideration  of  the  Orders  of  the  Day,  the  question  being  upon 
the  passage  of  the  fourth  Resolve  on  the  subject  of  the  judiciary. 

And  the  roll  being  called,  two  hundred  and  four  members  voted  in 
the  affirmative,  and  one  hundred  and  forty-three  in  the  negative. 

Those  who  voted  in  the  affirmative  are : — 


Messrs.  Charles  Allen, 
James  B.  Allen, 
Parsons  Allen, 
John  B.  Alley, 
Josiah  Allis, 
Robert  Andrews, 
George  Austin, 
Hillel  Baker, 
George  S.  Ball, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
Erasmus  D.  Beach, 
John  Beal, 

William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
William  S.  Booth, 
George  S.  Bout  well, 
Sewell  Boutwell, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Hammond  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Henry  Cady, 
Isaac  Case, 
Daniel  E.  Chapin, 
Josiah  Childs, 
J.  McKean  Churchill, 


Messrs.  Henry  Clark, 

Alpheus  B.  Clarke, 
Stillman  Clarke, 
William  Cleverly, 
Sumner  Cole, 
Henry  F.  Cooledge, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Robert  T.  Davis, 
Gilman  Day, 
Silas  Dean, 
Elijah  S.  Deming, 
Augustus  Denton, 
Bradish  Dunham, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


269 


Messrs.  Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Samuel  French, 
R.  Frothingham,  Jr., 
Luther  Gale, 
Washington  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
William  Haskins, 
Elnathan  P.  Hathaway, 
Isaac  Hayden, 
Charles  C.  Hazewell, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Levi  Heywood, 
Henry  Hobart, 
Edwin  Hobbs, 
George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Abraham  H.  Howland, 
Charles  E.  Hunt, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Abishai  Lincoln, 
Tristram  Littlefield, 


Messrs.  Justin  E.  Loomis, 
William  P.  Marble, 
Abijah  P.  Marvin, 
Charles  Mason, 
Reuben  Meader, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
Charles  Newman, 
William  Nichols, 
Joseph  E.  Ober, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Jonathan  Parris, 
Samuel  C.  Parsons, 
John  Partridge, 
Nathaniel  Peabody, 
John  Penniman, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam, 
Silas  Rawson, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
Amasa  Sanderson, 
Chester  Sanderson, 
Luther  Sheldon, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Caleb  Stetson, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Stiles, 
Charles  Sumner, 
Increase  Sumner, 


270 


JOURNAL    OF    THE    CONVENTION. 


[July  21st, 


Messrs.  Arnold  Taft, 

Joseph  Thayer, 
John  W.  Thomas, 
Charles  Thompson, 
Horatio  W.  Tilton, 
David  P.  Turner, 
Orison  Underwood, 
Joel  Viles, 
George  A.  Vinton, 
Frederick  T.  Wallace, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 


Messrs.  Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
Daniel  S.  Whitney, 
Daniel  Wilbur, 
Joseph  Wilbur, 
J.  B.  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Jonathan  B.  Winn, 
Lev!  M.  Winslow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Benjamin  P.  Adams, 
Shubael  P.  Adams, 
Joel  C.  Allen, 
William  Aspinwall, 
David  C.  Atwood, 
Samuel  Ayres, 
Joseph  Barrows, 
Sidney  Bartlett, 
James  M.  Beebe, 
George  W.  Blagden, 
Gad  O.  Bliss, 
Milton  P.  Braman, 
Hiram  N.  Breed, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Alpheus  H.  Brown, 
Hiram  C.  Brown, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Anson  Burlingame, 
AVilliam  Carruthers, 
Timothy  W.  Carter, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Henry  Chapin, 
Rufus  Choate, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Ithamar  Conkey, 
Charles  E.  Cook, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Francis  B.  Crowninshield, 
Joseph  Cummings, 
Richard  H.  Dana,  Jr., 


Messrs.  John  Davis, 

Solomon  Davis, 
Henry  L.  Dawes, 
AVilliam  Dehon, 
Hiram  S.  Denison, 
Moses  Dorman, 
Homer  Ely, 
William  T.  Eustis, 
A.  G.  Farwell, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Henry  J.  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
Simon  Greenleaf, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
Stephen  E.  Hawkes, 
George  Hayward, 
Charles  Heard, 
Henry  Hersey, 
George  S.  Hillard, 
Nathaniel  Holder, 
Samuel  Houghton, 
Henry  K.  Hoyt, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


271 


Messrs.  Giles  C.  Kellogg, 
Isaac  Kendall, 
Henry  W.  Kinsman, 
Joseph  Knight, 
George  H.  Kuhn, 
Frederic  W.  Lincoln,  Jr., 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Joseph  B.  Morss, 
Marcus  Morton, 
Daniel  Noyes, 
Andrew  T.  Nute, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
James  W.  Paige, 
John  G.  Park, 
Adolphus  G.  Parker, 
Joel  Parker, 
Samuel  D.  Parker, 
Thomas  A.  Parsons, 
George  Peabody, 
Jeremiah  Pease,  Jr., 
Jesse  Perkins, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
Jonathan  Preston, 
George  Putnam, 
Robert  Rantoul, 
James  Read, 


Messrs.  Sampson  Reed, 
Luther  Richards, 
Julius  RockwelJ, 
James  C.  Royce, 
John  Sargent, 
"William  Schouler, 
John  Sherril, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
John  S.  Sleeper, 
Charles  G.  Stevens, 
J.  Thomas  Stevenson, 
Charles  S.  Storrow, 
Isaac  C.  Tabor, 
Thomas  Talbot, 
Ralph  Taylor, 
Edmund  P.  Tileston, 
Charles  R.  Train, 
David  Turner, 
John  S.  Tyler, 
William  Tyler, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Samuel  Walker, 
Cyrus  Weeks, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
Joel  Wilder, 
Milo  Wilson, 
Ezekiel  Wright. 


So  the  Resolves  were  finally  passed,  as  follow: — 

Resolved,  That  it  is  expedient  to  amend  the  Constitution  by  sub 
stituting  for  the  second  article  of  the  third  chapter,  the  following : — 

The  Governor  and  Council,  and  the  two  branches  of  the  legisla 
ture,  or  either  of  them,  shall  not  hereafter  be  authorized  to  propose 
questions  to  justices  of  the  supreme  judicial  court,  and  require  their 
opinions  thereon. 

Resolved,  That  it  is  expedient  to  amend  the  Constitution  by  sub 
stituting  for  the  last  two  clauses  of  the  thirteenth  article  of  the  first 
section  of  the  second  chapter,  the  following : — 

The  judicial  power  of  the  Commonwealth  shall  be  vested  in  a 
supreme  judicial  court,  and  such  other  courts  as  the  legislature  may 
from  time  to  time  establish. 


272  JOURNAL    OF    THE    CONVENTION.  [July  21st, 

The  justices  of  the  supreme  judicial  court,  shall  receive  honorable 
salaries,  which  shall  not  be  diminished  during  their  continuance  in 
office. 

Resolved,  That  it  is  expedient  to  amend  the  third  chapter  of  the 
Constitution  by  substituting  for  the  fifth  article  in  said  chapter,  the 
following : — 

The  legislature  shall  have  power  to  make  laws  regulating  marriage, 
divorce,  and  alimony,  but  shall  in  no  case  decree  a  divorce,  or  hear 
and  determine  any  causes  touching  the  validity  of  the  marriage  con 
tract. 

Resolved,  That  it  is  expedient  so  to  amend  the  Constitution  that 
all  judicial  officers,  except  those  concerning  whom  a  different  pro 
vision  is  made  in  the  Constitution,  shall  be  nominated  and  appointed 
by  the  Governor,  by  and  with  the  consent  of  the  Council,  for  the  term 
of  ten  years ;  that  they  may  be  reappointed  at  the  expiration  of  such 
term,  and  that  all  such  nominations  shall  be  made  and  publicly 
announced  at  least  seven  days  before  such  appointment;  and  the 
judges  now  in  office  shall  hold  their  offices  according  to  their  com 
missions. 

Mr.  FROTH INGH AM,  of  Charlestown,  moved  that  the  Orders  of  the 
Day  be  laid  upon  the  table ;  but  the  motion  was  rejected. 

The  second  subject  in  the  Orders  of  the  Day,  was  the  motion  of 
Mr.  Hooper,  of  Fall  River,  that  the  vote  by  which  the  Resolve  on  the 
subject  of  the  incorporation  of  new  towns  was  indefinitely  postponed, 
be  reconsidered. 

And  the  vote  was  reconsidered,  one  hundred  and  thirty  members 
voting  in  the  affirmative,  and  one  hundred  and  fourteen  in  the 
negative. 

Mr.  KEYES,  member  for  Abington,  moved  that  the  whole  subject 
be  laid  upon  the  table ;  but  the  motion  was  rejected. 

Mr.  HOOPER,  of  Fall  River,  and  Mr.  HALLETT,  member  for  Wil- 
braham,  severally  offered  amendments  to  the  Resolve,  which  were 
declared  to  be  not  in  order. 

Mr.  HOOPER  appealed  from  the  decision  of  the  Chair  upon  his 
amendment ;  but  afterwards  withdrew  his  appeal. 

Mr.  DAY,  of  Templeton,  moved  the  Previous  Question,  but  with 
drew  it  by  request  of  Mr.  Hallett,  who  afterwards  renewed  the  mo 
tion  ;  and  the  Previous  Question  was  ordered,  and 

The  Resolve  was  refused  a  second  reading. 

The  next  subject  in  the  Orders  of  the  Day,  was  the  Resolve  in 
relation  to  Harvard  College. 


1853.] 


JOURNAL   OF   THE    CONVENTION. 


273 


On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  yeas  and 
nays  were  ordered  upon  the  final  passage  of  the  Resolve. 

Afterwards,  on  motion  of  Mr.  LIVERMORE,  of  Cambridge,  the  vote 
ordering  the  yeas  and  nays  was  reconsidered. 

And  the  question  recurring  upon  the  demand  for  the  yeas  and  nays, 
it  was  sustained  by  one-fifth  of  the  members. 

Mr.  LOTHROP,  of  Boston,  moved  to  amend  the  Resolve,  by  striking 
out  the  words  "  hereafter  granted." 

On  motion  of  Mr.  GREENE,  of  Brookfield,  the  Previous  Question 
was  ordered.  * 

The  amendment  was  rejected ;  and 

The  roll  theij  being  called,  one  hundred  and  twenty-one  members 
voted  for  the  Resolve,  and  twenty-eight  against  it. 

Those  who  voted  in  the  affirmative  are : — 


Messrs.  James  B.  Allen, 
Parsons  Allen, 
Josiah  Allis, 
Robert  Andrews, 
George  Austin, 
Hillel  Baker, 
Alpheus  Bancroft, 
Moses  Bates,  Jr., 
Erasmus  D.  Beach, 
John  Beal, 
William  Bennett,  Jr., 
Gad  O.  Bliss, 
George  S.  Boutwell, 
Hiram  N.  Breed, 
Adolphus  F.  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Asahel  Buck, 
Timothy  W.  Carter, 
William  Carruthers, 
Isaac  Case, 
Chester  W.  Chapin, 
Josiah  Childs, 
J.  McKean  Churchill, 
Ransom  Clark, 
Lansing  J.  Cole, 
Sumner  Cole, 
Ithamar  Conkey, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Joseph  Cummings, 
Henry  W.  Cushman, 
Thonas  Cushman, 
18 


Messrs.  Richard  H.  Dana,  Jr., 
Gilman  Day, 
Silas  Dean, 
Elijah  S.  Deming, 
Augustus  Denton, 
Samuel  Duncan, 
B  radish  Dunham, 
Peter  Easland, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards,. 
Lyman  Fisk, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Rodney  French, 
Samuel  French, 
Luther  Gale, 
Elbridge  Gates* 
Wanton  C.  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Jason  Goulding, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Benjamin  F.  Hallett, 
Seth  Hapgood, 
Phineas  Harmon, 
Ezra  Heath,  2d, 
George  Hood, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
J.  S.  C.  Knowlton, 
Albert  Knox, 


274 


JOURNAL    OF    THE    CONVENTION. 


[July  21st, 


Messrs.  Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
Simeon  Merritt, 
James  L.  Monroe, 
Elbridge  G.  Morton, 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
Charles  Newman, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Adolphus  G.  Parker, 
Samuel  C.  Parsons, 
John  Partridge, 
John  Penniman, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
Jeremiah  Pomroy, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 


Messrs.  Daniel  Richardson, 

Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
William  Schouler, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Granville  Stevens, 
Gideon  Stiles, 
Charles  Sumner, 
Increase  Sumner, 
Horatio  W.  Tilton, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Gershom  B.  Weston, 
Henry  Wilson, 
Charles  C.  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Joel  C.  Allen, 
George  S.  Ball, 
Francis  Brinley, 
Rufus  Bullock, 
Cephas  C.  Bumpua, 
Seth  Crowell, 
Francis  B.  Crowninshield, 
Philip  Eames, 
George  Hayward, 
Thomas  Hopkinson, 
Samuel  Houghton, 
WiUiam  J.  Hubbard, 


Messrs.  Charles  P.  HuntingtOE, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Hiram  Knight, 
Isaac  Li  verm  ore, 
Samuel  K.  Lothrop, 
Joel  Parker, 
Samuel  D.  Parker, 
George  Putnam, 
Sampson  Reed, 
Charles  G.  Stevens, 
William  Tyler, 
Thomas  Wetmore, 
George  White. 


So  the  Resolve  was  finally  passed,  as  follows : — 

Resolved,  That  the  Constitution  ought  to  be  amended  by  adding 
to  chapter  5,  section  1,  the  following  article,  to  wit : — 

The  legislature  shall  forever  have  full  power  and  authority,  as  may 
be  judged  needful  for  the  advancement  of  learning,  to  grant  any  fur 
ther  powers  to,  or  alter,  limit,  annul,  or  restrain,  any  of  the  powers 
now  vested  in  the  President  and  Fellows  of  Harvard  College :  Pro- 


1853.] 


JOURNAL    OF    THE    CONVENTION.  275 


vided,  the  obligation  of  contracts  shall  not  be  impaired ;  and  shall 
have  the  like  power  and  authority  over  all  corporate  franchises  here 
after  granted  for  the  purposes  of  education  in  this  Commonwealth. 

At  a  quarter  before  seven   o'clock,  on  motion  of  Mr.  FRENCH,  of 
New  Bedford, 

The  Convention  adjourned. 


FRIDAY,  July  22,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

The  Order  offered  yesterday,  by  Mr.  Tyler,  of  Pawtucket,  and  laid 
over,  was,  together  with  the  amendment  proposed  by  Mr.  Earle,  of 
Worcester, 

Referred  to  the  Committee  on  Reporting  and  Printing. 

The  Order  offered  on  the  18th  of  July,  by  Mr.  Brown,  of  Medvvay, 
was  taken  from  the  table. 

The  amendment  of  Mr.  Aspinwall,  of  Brookline,  striking  out  the 
words  "  except  chairmen  of  committees,"  was  adopted ;  and  then  the 
Order  was  adopted,  as  follows  : — 

Ordered,  that  on  and  after  Monday  next,  no  member  of  this  Con 
vention  shall  speak  more  than  fifteen  minutes  on  one  subject,  without 
leave. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston,  the  Convention  pro 
ceeded  to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolves  on  the  subject  of  the  Council. 

Mr.  CHURCHILL,  of  Milton,  moved  to  amend  the  Resolves  by  adding 
the  following,  as  a  fourth  Resolve  : — 

Resolved,  That  it  is  expedient  to  amend  the  Constitution  as  fol 
lows,  to  wit :  The  legislature  may  provide  by  law,  that  public  notice 
shall  be  given  of  all  applications  to  the  Governor  and  Council,  for 
remission  of  sentence  of  persons  imprisoned  for  crime. 

The  amendment  was  adopted,  by  a  vote  of  one  hundred  and  thirty 
in  the  affirmative,  to  one  hundred  and  fifteen  in  the  negative. 

Mr.  UPTON,  of  Boston,  moved  to  amend  by  striking  out  the  second 
Resolve  ;  but  the  motion  was  rejected. 

The  Previous  Question  was  moved,  by  Mr.  BATES,  of  Plymouth, 
but  withdrawn  by  him,  and  afterwards  renewed  by  Mr.  UPTON,  of 
Boston,  and  ordered  by  the  Convention. 


276  JOURNAL    OF   THE    CONVENTION.  [July  22d, 

A  division  of  the  question  was  called  for, 
And  the  first,  second  and  third  Resolves  were  agreed  to. 
The  fourth  was  rejected,  by  a  vote  of  one  hundred  and  twenty-nine 
in  the  affirmative,  to  one  hundred  and  thirty-five  in  the  negative. 
The  Resolves,  as  finally  passed,  are  as  follow : — 

Resolved,  That  eight  councillors  be  elected  by  the  people  in  single 
districts,  each  district  to  consist  of  five  contiguous  senatorial  dis 
tricts. 

Resolved^  That  it  is  expedient  so  to  amend  the  Constitution,  as  to 
provide,  that  the  record  of  the  proceedings  of  the  Council  shall 
always  be  subject  to  public  examination. 

Resolved^  That  it  is  expedient  so  to  amend  the  Constitution,  as  to 
provide,  that  no  councillor,  during  the  time  for  which  he  shall  be 
elected,  shall  be  appointed  on  any  commission,  or  to  any  place,  for 
which  he  shall  receive  any  compensation  whatever,  other  than  that 
which  he  receives  as  councillor. 

The  second  subject  was  the  Resolves  on  the  preservation  of  the 
records  ;  which  were  finally  passed,  as  follow  : — 

Resolved^  That  at  the  close  of  the  session,  the  Secretaries  of  the 
Convention  deposit  the  original  Journals,  together  with  the  papers  of 
the  Convention,  in  the  office  of  the  Secretary  of  State. 

Resolved)  That  William  S.  Robinson  prepare  an  Index  to  the 
Journal,  and  procure  two  thousand  copies  of  the  Journal  and  Index 
to  be  printed  and  bound,  on  such  terms  and  in  such  manner  as  shall 
be  approved  by  the  Committee  on  the  Preservation  of  the  Records, 
and  that  he  be  paid  four  dollars  a  day  for  his  services  therein. 

Resolved)  That  His  Excellency  the  Governor  be  requested  to  draw 
his  warrant  on  the  treasury  for  such  expenses  incurred  in  the  execu 
tion  of  the  preceding  Resolves,  as  shall  be  approved  by  the  Commit 
tee  on  the  Preservation  of  the  Records. 

Resolved)  That  the  Secretary  of  the  Commonwealth  be  requested 
to  distribute  copies  of  the  Journal  to  each  member  of  the  Convention, 
and  to  all  persons  and  public  bodies  mentioned  in  chapter  2,  section 
2,  of  the  Revised  Statutes,  excepting  members  of  the  legislature. 

The  next  subject  was  the  Resolves  on  the  subject  of  elections  by 
plurality  and  majority. 

Mr.  DANA,  member  for  Manchester,  moved  to  amend  by  striking 
out  all  after  the  word  "  Resolved,"  and  inserting  instead  thereof,  the 
following  :• — 


1853.]  JOURNAL    OF    THE    CONVENTION.  277 

That  in  the  election  of  all  officers  required  by  this  Constitution  to 
be  chosen  by  the  people,  except  town  officers  and  representatives  to 
the  general  court,  the  person  having  the  highest  number  of  votes  shall 
be  deemed  elected.  In  the  election  of  town  officers  and  representa 
tives  to  the  general  court,  a  majority  of  votes  shall  be  required,  unless 
otherwise  provided  by  the  legislature. 

Mr.  BIRD,  of  Walpole,  moved  to  amend  the  Resolves,  by  substitut 
ing  for  the  third  Resolve,  the  following : — 

Resolved,  That  it  is  expedient  so  to  amend  the  Constitution,  as  to 
provide  that  a  majority  of  the  votes  shall  be  necessary  for  the  election 
of  representatives  to  the  general  court,  until  otherwise  provided  by 
law. 

Mr.  GOOCH,  of  Melrose,  moved  to  amend  the  amendment  of  Mr. 
Bird,  by  adding  to  it  the  words:  "Provided,  that  no  law  on  this 
subject  shall  take  effect  until  two  years  after  its  passage." 

Mr.  ELY,  of  Westfield,  moved  the  Previous  Question,  which  was 
ordered,  by  a  vote  of  one  hundred  and  sixty-one  in  the  affirmative,  to 
forty-four  in  the  negative. 

The  amendment  of  Mr.  Gooch  was  rejected. 

On  motion  of  Mr.  ABBOTT,  of  Lowell,  the  yeas  and  nays  were 
ordered  upon  the  adoption  of  Mr.  Bird's  amendment. 

And  the  roll  being  called,  one  hundred  and  eighty-eight  members 
voted  for  the  amendment,  and  one  hundred  and  sixty-seven  against  it. 

So  it  was  adopted. 

Those  who  voted  in  the  affirmative  are  : — 

Messrs.  Josiah  G.  Abbott,  Messrs.  William  J.  A.  Bradford, 

Shubael  P.  Adams,  Asa  Bronson, 

Joel  C.  Allen,  Artemas  Brown, 

Parsons  Allen,  Hammond  Brown, 

Josiah  Allis,  Hiram  C.  Brown, 

D.  W.  Alvord,  Joseph  Brownell, 

George  Austin,  Patrick  Bryant, 

Samuel  Ayres,  Anson  Burlingame, 

George  S.  Ball,  Benjamin  F.  Butler, 

Sidney  Bartlett,  Henry  Cady, 

Marcus  Barrett,  William  Carruthers, 

Moses  Bates,  Jr.,  Isaac  Case, 

John  Beal,  Amariah  Chandler, 

Zephaniah  Bennett,  Henry  Chapin, 

Jacob  Bigelow,  J.  McKean  Churchill, 

Francis  W.  Bird,  Henry  Clark, 

William  S.  Booth,  Ransom  Clark, 

George  S.  Boutwell,  Stillman  Clarke, 

Sewell  Boutwell,  William  Cleverly, 


278 


JOURNAL    OF    THE    CONVENTION. 


[July  22d, 


Messrs.  George  B.  Crane, 
Oliver  S.  Cressy, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Richard  II.  Dana,  Jr., 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Gilman  Day, 
Silas  Dean, 
Elijah  S.  Deming 
Augustus  Denton, 
Alexander  DeWitt, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Samuel  Edwards, 
Sullivan  Fay, 
James  K.  Fellows, 
Emery  Fiske, 
Lyman  Fisk, 
Ezekiel  W.  Fitch, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
"Washington  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
John  W.  Graves, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Samuel  P.  Hadley, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
Elnathan  P.  Hathaway, 
Isaac  Hayden, 
Charles  C.  Ha/ewell, 
Ezra  Heath,  2d, 
James  Hewes, 


Messrs.  George  S.  Hillard, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Charles  P.  Huntington, 
Moses  C.  Hurlbut, 
John  Jacobs, 
Isaac  Kendall, 
Joseph  Kimball, 
Joseph  Kingman, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Abishai  Lincoln, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
Abijah  P.  Marvin, 
Charles  Mason, 
Reuben  Meader, 
Simeon  Merritt, 
James  M.  Moore, 
Joseph  B.  Morss, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
William  Nichols, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Benjamin  S.  Orne, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
John  Partridge, 
Thomas  A.  Parsons, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


279 


Messrs.  Robert  Rantoul, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
David  S.  Ross, 
Amasa  Sanderson, 
Chester  Sanderson, 
John  Sherril, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Granville  Stevens, 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 


Messrs.  Alanson  Swain, 
Arnold  Taft, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Charles  Thompson, 
Abraham  Tilton, 
David  P.  Turner, 
Orison  Underwood, 
George  A.  Yinton, 
Frederick  T.  Wallace, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Gershom  B.  Weston, 
Daniel  S.  Whitney, 
Daniel  Wilbur, 
Joseph  Wilbur, 
Henry  Wilson, 
Levi  M.  Winslow, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright 


Those  who  voted  in  the  negative  are : — - 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
James  B.  Allen, 
John  B.  Alley, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
Alpheus  Bancroft, 
Joseph  Barrows, 
Russel  Bartlett, 
Eliakim  A.  Bates, 
Erasmus  D.  Beach, 
Luther  V.  Bell, 
William  Bennett,  Jr., 
Edward  B.  Bigelow, 
Gad  O.  Bliss, 
William  C.  Bliss, 
Ebenezer  Bradbury, 
Milton  P.  Braman, 
Hiram  N.  Breed, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Adolphus  F.  Brown, 
Frederick  Brownell, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Timothy  W.  Carter, 


Messrs.  Chester  W.  Chapin, 
Daniel  E.  Chapin, 
Josiah  Childs, 
Alpheus  B.  Clarke, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Lansing  J.  Cole, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Simeon  Crittenden, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Francis  B.  Crowninshield, 
Joseph  Cummings, 
John  Davis, 
Solomon  Davis, 
Henry  L.  Dawes, 
Hiram  S.  Denison, 
James  C.  Doane, 
Moses  Dorman, 
Peter  Easland, 
Lilley  Eaton, 
Elisha  Edwards, 
Joseph  M.  Ely, 
Homer  Ely, 
William  T.  Euetis, 


280 


JOURNAL   OF   THE    CONVENTION. 


[July  22dft 


Messrs.  A.  G.  Farwell, 

Samuel  P.  Fowler, 
Charles  H.  French, 
Richard  Fzothinghani,  Jr.;, 
Robert  Gould, 
Dalton  Gouldingj, 
Jason  Gotilding, 
John  C.  Gray, 
Jabea  Green, 
Whiting  Griswold, 
Artemas  Hals, 
Nathan  Hale, 
Charles  B.  Hall, 
A.  B.  Hammond, 
Phineas  Harmon, 
George  Haskell, 
"William  Haskins, 
Stephen  E.  Hawkes, 
George  Hay  ward, 
Charles^Heard, 
Sannael  Henry » 
Henry  Hersey, 
Levi  Heywoodj. 
"William  Hinsdale,, 
Aaron  Hobart, 
Henry  Hobart, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Thomas  Hopkinson, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
Henry  W.  Kinsman, 
Hiram  Knight, 
Joseph  Knight, 
George  H.  Kuhs, 
Alden  Leland, 
Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 


Messrs.  Samuel  Mixter, 

James  L.  Monroe, 
George  Morey, 
Marcus  Morton, 
Charles  Newman, 
Daniel  Noyes, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Charles  Osgood, 
James  W.  Paige, 
John  G.  Park, 
Adolphus  G.  Parker, 
Joel  Parker, 
George  Peabody, 
Daniel  A.  Perkins, 
Jonathan  C.  Perkins, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
Jonathan  Preston, 
George  Putnam, 
John  A.  Putnam, 
James  Read, 
Sampson  Reed, 
John  Rogers, 
John  Sargent, 
William  Schouler, 
Chester  Sikes, 
John  S.  Sleeper, 
John  Souther, 
Eben  H.  Stacy, 
Caleb  Stetson, 
Joseph  L.  Stevens,  Jr., 
J.  Thomas  Stevenson, 
Thomas  Talbot, 
Ralph  Taylor, 
Edmund  P.  Tileston, 
Horatio  W.  Tilton, 
Charles  R.  Train, 
David  Turner, 
John  S.  Tyler, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Samuel  Walker, 
Marshal  Warner, 
Cyrus  Weeks, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
Joel  Wilder, 
John  H.  Wilkins, 


1853.1 


JOURNAL    OF    THE    CONVENTION. 


281 


Messrs.  Henry  "Williams, 
J.  B.  Williams, 
Jonathan  B.  Winn, 


Messrs.  Charles  C.  "Wood, 
Nathaniel  Wood. 


On  motion  of  Mr.  CROWNINSHIELD,  of  Boston,  the  yeas  and  nays 
were  ordered  upon  the  question  of  adopting  the  amendment  offered 
by  Mr.  Dana. 

And  the  roll  being  called,  one  hundred  and  sixty-nine  members 
voted  in  the  affirmative,  and  one  hundred  and  eighty-eight  in  the  neg 
ative. 

So  it  was  rejected. 

Those  who  voted  in  the  affirmative  are  : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
George  Austin, 
Alpheus|Bancroft, 
Joseph  Barrows, 
Russel  Bartlett, 
Sidney  Bartlett, 
Erasmus  D.  Beach, 
James  M.  Beebe, 
Luther  V.  Bell, 
William  Bennett,  Jr., 
Jacob  Bigelow, 
Gad  O.  Bliss, 
William  C.  Bliss, 
Milton  P.  Braman, 
Hiram  N.  Breed, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Anson  Burlingame, 
Timothy  W.  Carter, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Josiah  Childs, 
Alpheus  B.  Clarke, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Lansing  J.  Cole, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
George  W.  Crockett, 
Leander  Crosby, 


Messrs.  Seth  Crowell, 

Francis  B.  Crowninshield, 
Joseph  Cummings, 
Richard  H.  Dana,  Jr., 
John  Davis, 
Solomon  Davis, 
Henry  L.  Dawes, 
Hiram  S.  Denison, 
James  C.  Doane, 
Moses  Dorman, 
James  Easton,  2d, 
Lilley  Eaton, 
Homer  Ely, 
William  T.  Eustis, 
A.  G.  Farwell, 
Aaron  Foster, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Richard  Frothingham,  Jr., 
Wanton  C.  Gilbert, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Jabez  Green, 
Whiting  Griswold, 
Artemas  Hale, 
Nathan  Hale, 
Charles  B.  Hall, 
A.  B.  Hammond, 
Phineas  Harmon, 
George  Haskell, 
Stephen  E.  Hawkes, 
George  Hay  ward, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
James  Hewes, 


282 


JOURNAL    OF    THE    CONVENTION. 


[July  22d, 


Messrs.  Levi  Hey  wood, 

George  S.  Hillard, 
William  Hinsdale, 
Aaron  Hobart, 
Nathaniel  Holder, 
Foster  Hooper, 
Thomas  Hopkinson, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Charles  P.  Huntington, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Martin  R.  Kellogg, 
Joseph  Kingman, 
Henry  W.  Kinsman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
George  H.  Kuhn, 
John  S.  Ladd, 
Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Theophilus  R.  Marvin, 
Reuben  Meader, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Joseph  B.  Morss, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Daniel  Noyes, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Charles  Osgood, 
James  W.  Paige, 
John  G.  Park, 
Adolphus  G.  Parker, 


Messrs.  Joel  Parker, 

George  Peabody, 
Daniel  A.  Perkins, 
Jonathan  C.  Peikins, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
Jonathan  Preston, 
George  Putnam, 
John  A.  Putnam, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
John  Rogers, 
George  R.  Sampson, 
John  Sargent, 
William  Schouler, 
Chester  Sikes, 
John  S.  Sleeper, 
John  Souther, 
Granville  Stevens, 
Joseph  L.  Stevens,  Jr. 
J.  Thomas  Stevenson, 
Alfred  L.  Strong, 
Thomas  Talbot, 
Ralph  Taylor, 
John  W.  Thomas, 
Edmund  P.  Tileston, 
Horatio  W.  Tilton, 
Charles  R.  Train, 
David  Turner, 
John  S.  Tyler, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Samuel  Walker, 
Cyrus  Weeks, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
Daniel  Wilbur, 
Joel  Wilder, 
John  H.  Wilkins, 
Henry  Williams, 
Nathaniel  Wood. 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Josiah  G.  Abbott, 
Shubael  P.  Adams, 
Joel  C.  Allen, 


Messrs.  Parsons  Allen, 
John  B.  Alley, 
Josiah  Allis, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


283 


Messrs.  D.  W.  Alvord, 
George  S.  Ball, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
John  Beal, 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
William  J.  A.  Bradford, 
Asa  Bronson, 
Artemas  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Benjamin  F.  Butler, 
Henry  Cady, 
William  Carruthers, 
Isaac  Case, 
Daniel  E.  Chapin, 
Henry  Chapin, 
J.  McKean  Churchill, 
Henry  Clark, 
Ransom  Clark, 
Stillman  Clarke, 
William  Cleverly, 
Sumner  Cole, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Gilman  Day, 
Silas  Dean, 
Elijah  S.  Deming, 
Augustus  Denton, 
Alexander  De  Witt, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 


Messrs.  Peter  Easland, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Ezekiel  W.  Fitch, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
John  W.  Graves, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
Elnathan  P.  Hathaway, 
Isaac  Hayden, 
Charles  C.  Hazewell, 
Ezra  Heath,  2d, 
William  H.  Hewes, 
Henry  Hobart, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Moses  C.  Hurlbut, 
John  Jacobs, 
Isaac  Kendall, 
Joseph  Kimball, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Abishai  Lincoln, 


284 


JOURNAL    OF    THE    CONVENTION. 


[July  22d, 


Messrs.  Justin  E.  Loomis, 
William  P.  Marble, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
William  S.  Morton, 
Hiram  Nash, 
Charles  Newman, 
William  Nichols, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Benjamin  S.  Orne, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
John  Partridge, 
Thomas  A.  Parsons, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 


Messrs.  David  S.  Ross, 

Amasa  Sanderson, 
John  Sherril, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
William  Stevens, 
Gideon  Stiles, 
Alanson  Swain, 
Arnold  Taft, 
Joseph  Thayer, 
Willard  Thayer,  2d, 
Charles  Thompson, 
Abraham  Tilton, 
David  P.  Turner, 
William  Tyler, 
Orison  Underwood, 
Frederick  T.  Wallace, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Marshal  Warner, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
Daniel  S.  Whitney, 
Joseph  Wilbur, 
Henry  Wilson, 
Willard  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


On  motion  of  Mr.  HATHAWAY,  of  Freetown,  the  yeas  and  nays  were 
ordered  upon  the  final  passage  of  the  Resolves,  as  amended, 

And  the  roll  being  called,  one  hundred  and  eighty-one  members 
voted  for  the  Resolves,  and  one  hundred  and  twenty  against  them. 

Those  who  voted  in  the  affirmative  are : — 


Messrs.  Josiah  G.  Abbott, 
Shubael  P.  Adams, 
James  B.  Allen, 
Parsons  Allen, 
Josiah  Allis, 
D.  W.  Alvord, 
George  S.  Ball, 


Messrs.  Alpheus  Bancroft, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
Erasmus  D.  Beach, 
John  Beal, 
Zephaniah  Bennett, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


285 


Messrs.  Edward  B.  Bigelow, 
Francis  W.  Bird, 
Gad  O.  Bliss, 
William  S.  Booth, 
George  S.  Bout  well, 
Sewell  Boutwell, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Patrick  Bryant, 
Benjamin  F.  Butler, 
Henry  Cady, 
William  Carruthers, 
Isaac  Case, 
Amariah  Chandler, 
Henry  Chapin, 
J.  McKean  Churchill, 
Henry  Clark, 
Ransom  Clark, 
Stillman  Clarke, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Silas  Dean, 
Augustus  Denton, 
Alexander  De  Witt, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easlaiid, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Sullivan  Fay, 
Lyman  Fisk, 
Aaron  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Hodney  French, 
Samuel  French, 
Luther  Gale, 
Charles  G.  Giles, 
Daniel  W.  Gooch, 


Messrs.  Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Charles  B.  Hall, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
Stephen  E.  Hawkes, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Henry  Hobart, 
Nathaniel  Holder, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Moses  C.  Hurlbut, 
Isaac  Kendall, 
Joseph  Kimball, 
Joseph  Kingman, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
William  II.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Luther  Lawrence, 
Alden  Lelarid, 
Abishai  Lincoln, 
Justin  E.  Loomis, 
William  P.  Marble, 
Charles  Mason, 
Reuben  Meader, 
Simeon  Merritt, 
James  M.  Moore, 
Joseph  B.  Morss, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Charles  Newman, 
William  Nichols, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 


286 


JOURNAL    OF    THE    CONVENTION. 


[July  22d, 


Messrs.  Benjamin  Paine, 
Jonathan  Parris, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  P  helps, 
Sylvamis  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
Robert  Rantoul, 
Silas  Rawson, 
David  Rice, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  II.  Richardson 
Elkanah  Ring,  Jr., 
Joseph  M.  Rock  wood, 
David  S.  Ross, 
John  Sherril, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Granville  Stevens, 


Messrs.  Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Stiles, 
Alanson  Swain, 
Arnold  Taft, 
Joseph  Thayer, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
David  P.  Turner, 
William  Tyler, 
Orison  Underwood, 
Frederick  T.  Wallace, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  II.  Ward, 
Samuel  Warner,  Jr., 
Asa  II.  Waters, 
Gershom  B.  Weston, 
George  White, 
Daniel  S.  Whitney, 
Joseph  Wilbur, 
Henry  Wilson, 
Willard  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood. 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Joel  C.  Allen, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
George  Austin, 
Joseph  Barrows, 
Russel  Bartlett, 
James  M.  Beebe, 
Luther  V.  Bell, 
William  Bennett,  Jr., 
George  W.  Blagden, 
Ebenezer  Bradbury, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Rufus  Bullock, 


Messrs.  Cephas  C.  Bumpus, 
Timothy  W.  Carter, 
Chester  W.  Chapin, 
Daniel  E.  Chapin, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Leander  Crosby, 
Seth  Crowell, 
Richard  II.  Dana,  Jr., 
John  Davis, 
Solomon  Davis, 
Henry  L.  Dawes, 
Hiram  S.  Denison, 
James  C.  Doane, 
Moses  Dorman, 
James  Easton,  2d, 


1853.] 


JOURNAL    OF    THE    CONVENTION, 


287 


Messrs.  Lilley  Eaton, 
Homer  Ely, 
A.  G.  Farwell, 
Samuel  P.  Fowler, 
Charles  H.  French, 
.  Wanton  C.  Gilbert, 

Joel  Giles, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
Elnathan  P.  Hathaway, 
Charles  C.  Hazewell, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
George  S.  Hillard, 
Aaron  Hobart, 
Thomas  Hopkinson, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Henry  W.  Kinsman, 
Hiram  Knight, 
George  H.  Kuhn, 
John  S.  Ladd, 
Job  G.  Lawton,  Jr., 
Frederic  W.  Lincoln,  Jr., 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 


Messrs.  Seth  Miller,  Jr., 
James  L.  Monroe, 
George  Morey, 
Marcus  Morton, 
Daniel  Noyes, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
James  W.  Paige, 
John  G.  Park, 
Adolphus  G.  Parker, 
George  Peabody, 
Daniel  A.  Perkins, 
Jonathan  C.  Perkins, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
George  Putnam, 
John  A.  Putnam, 
James  Read, 
Sampson  Reed, 
John  Rogers, 
George  R.  Sampson, 
Amasa  Sanderson, 
John  Sargent, 
William  Schouler, 
John  S.  Sleeper, 
John  Souther, 
J.  Thomas  Stevenson, 
Thomas  Talbot, 
Edmund  P.  Tileston, 
Charles  R.  Train, 
David  Turner, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  Walker, 
Marshal  Warner, 
Cyrus  Weeks, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Benjamin  White, 
Joel  Wilder, 
Ezekiel  WTright. 


So  the  Resolves  were  finally  passed,  as  follow : — 

Resolved,  That  it  is  expedient  to  provide  in  the  Constitution  that 
a  majority  of  all  the  votes  given  shall  be  necessary  to  the  election 
of  a  governor,  lieutenant-governor,  secretary,  treasurer,  auditor,  and 
attorney-general  of  the  Commonwealth  :  Provided,  that  if  at  any  elec 
tion  of  either  of  the  above-named  officers,  no  person  shall  have  a 
majority  of  the  votes  given,  the  House  of  Representatives  shall,  by  a 
majority  of  viva  voce  votes,  elect  two  out  of  three  persons  who  had 


288  JOURNAL    OF    THE    CONVENTION.  [July  22d, 

the  highest,  if  so  many  shall  have  been  voted  for,  and  return  the  per 
sons  so  elected  to  the  Senate,  from  whom  the  Senate  shall,  by  viva 
voce  vote,  elect  one  who  shall  be  governor,  or  other  officer  to  be  thus 
elected. 

Resolved,  That  in  all  the  elections  of  senators  and  councillors,  the 
person  having  the  highest  number  of  votes  shall  be  elected. 

Resolved,  That  it  is  expedient  so  to  amend  the  Constitution  as  to 
provide  that  a  majority  of  votes  shall  be  necessary  for  the  election  of 
representatives  to  the  general  court,  until  otherwise  provided  by  law. 

Resolved,  That  in  the  election  of  all  city  and  town  officers,  the 
same  rule  shall  govern  as  in  case  of  representatives  to  the  general 
court. 

Resolved,  That  in  the  election  of  all  county  andadistrict 'officers,  the 
person  having  the  highest  number  of  votes  shall  be  elected. 

Resolved,  That  in  all  elections  where  the  person  having  the  highest 
number  of  votes  may  be  elected,  and  there  is  a  failure  of  election 
because  two  persons  have  an  equal  number  of  votes,  subsequent  trials 
may  be  had  at  such  times  as  may  be  prescribed  by  the  legislature. 

On  motion  of  Mr.  FAY,  of  Southborough,  the  Orders  of  the  Day 
were  laid  upon  the  table. 

The  same  gentleman,  from  the  Committee  on  Leave  of  Absence, 
submitted  a  Report,  granting  leave  of  absence  to  Mr.  Meader,  of  Nan- 
tucket,  and  Mr.  Cummings,  of  Ware,  for  the  remainder  of  the  session. 

The  Report  was  considered  and  accepted,  and  leave  of  absence 
granted. 

Mr.  GRISWOLD,  member  for  Erving,  moved  that  the  Committee  of 
the  Whole,  having  under  consideration  the  subject  of  Amendments  of 
the  Constitution,  be  discharged  from  the  further  consideration  of  that 
subject. 

Without  taking  the  question, 

At  two  o'clock,  on  motion  of  Mr.  WALKER,  of  Roxbury, 

The  Convention  adjourned. 


AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving,  the  Committee 
of  the  Whole  having  under  consideration  the  Report, 

Inexpedient  to  act  upon  the  subject  of  an  Order  to  consider  the 
expediency  of  providing  that  the  legislature  shall  have  no  power  to 


1853.1 


JOURNAL    OF    THE    CONVENTION.  289 


authorize  or  pass  any  law  sanctioning  the  suspension  of  specie  pay 
ments  by  any  corporations  issuing  bank  notes  ; 

And  the  Report, 

Inexpedient  to  act  upon  the  subject  of  an  Order  of  June  25th,  on 
the  expediency  of  so  modifying  article  3  of  section  3,  chapter  1  of  the 
Constitution,  that  towns  and  districts  may  have  the  right  to  be  rep 
resented  by  any  citizens  of  the  Commonwealth, 

Were  discharged  from  the  consideration  of  those  subjects. 

The  rule  requiring  that  propositions  concerning  an  amendment  of 
the  Constitution  shall  be  considered  in  Committee  of  the  Whole,  was 
suspended,  and  these  Reports  were  placed  in  the  Orders  of  the  Day. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving,  the  Resolve  on 
the  subject  of  a  quorum  in  the  House  of  Representatives,  and 

The  Resolve  for  the  payment  of  the  Chaplain  and  other  officers  of 
the  Convention,  were 

Taken  from  the  table,  and  placed  in  the  Orders  of  the  Day. 

Mr.  CHAPIN,  of  Worcester,  moved  that  the  Resolve  on  the  subject 
of  appropriations  for  sectarian  schools,  be  taken  from  the  table ;  but 
the  motion  was  rejected. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving,  the  Convention 
resumed  the  consideration  of  the  Orders  of  the  Day. 

The  Resolves  on  the  subject  of  the  lieutenant-governor,  were 
passed,  as  follow : — 

Resolved,  That  the  following  be  adopted  as  a  part  of  the  Consti 
tution,  relating  to  the  lieutenant-governor: — 

ARTICLE  1.  There  shall  be  annually  elected  a  lieutenant-governor 
of  the  Commonwealth  of  Massachusetts,  whose  eligibility  to  the 
office  and  qualification  therefor,  shall  be  the  same  as  those  of  the 
governor;  and  the  day  and  manner  of  his  election,  and  the  qualifica 
tions  of  the  electors,  shall  be  the  same  as  are  required  in  the  election 
of  a  governor.  The  return  of  the  votes  for  this  officer,  and  the  dec 
laration  of  his  election,  shall  be  in  the  same  manner ;  and  if  no  one 
person  shall  be  found  to  be  elected,  the  vacancy  shall  be  filled  by  the 
Senate  and  House  of  Representatives  in  the  same  manner  as  the 
governor  is  to  be  elected,  in  case  no  one  person  shall  have  been 
elected  by  the  people,  to  be  governor. 

The  lieutenant-governor  shall  hold  his  office  for  one  year,  next 
following  the  first  Wednesday  of  January,  and  until  another  is  chosen 
and  qualified  in  his  stead. 

ART.  2.  When,  by  reason  of  sickness  or  temporary  absence  from 
the  Commonwealth,  the  governor  shall  be  unable  to  perform  his 

19 


290  JOURNAL    OF    THE    CONVENTION. 


[July  22d, 


official  duties,  the  lieutenant-governor  shall  have  the  power  and 
perform  the  duties  of  the  governor ;  and  in  case  of  the  removal  from 
office,  resignation  or  death  of  the  governor,  the  lieutenant-governor 
shall  succeed  to  the  office,  and  be  the  governor  of  the  Common 
wealth. 

The  Reports,  inexpedient  to  act  on  the  subject  of  the  suspension 
of  specie  payments,  and  the  representation  of  towns  and  cities  by 
any  citizens  of  the  Commonwealth,  were  accepted. 

The  Resolve  on  the  subject  of  a  quorum  in  the  House  of  Repre 
sentatives,  was  amended  by  striking  out  the  words  "  a  majority,"  and 
substituting  therefor  the  words  "  one  hundred,"  and  then 

Ordered  to  a  second  reading. 

The  Resolve  for  the  payment  of  the  Chaplain  and  other  officers  of 
the  Convention,  was  finally  passed,  as  follows  : — 

Resolved,  That  there  be  paid  out  of  the  treasury  of  the  Common 
wealth,  to  the  several  persons  whose  names  are  borne  on  the  accom 
panying  list,  for  each  and  every  day's  service,  as  follows  :  to  the  two 
Secretaries,  ten  dollars  each ;  to  the  Chaplain,  three  dollars ;  to  the 
Messenger,  five  dollars ;  to  the  two  Assistant  Messengers,  three  dol 
lars  each  ;  to  the  Door-keeper  and  three  Assistant  Door-keepers,  three 
dollars  each  ;  to  the  Postmaster,  three  dollars  ;  to  the  four  Pages,  two 
dollars  each  ;  and  the  Governor,  by  and  with  the  advice  and  consent 
of  the  Council,  is  hereby  requested  to  draw  his  warrant  on  the  treas 
urer  for  the  same,  on  an  Order  of  this  Convention. 

List  of  officers  of  the  Convention  embraced  in  the  Resolve  : — 
William  S.  Robinson  and  James  T.  Robinson,  Secretaries ;  War 
ren  Burton,  Chaplain;  Benjamin  Stevens,  Messenger;  Issachar  Ful 
ler  and  Tilson  Fuller,  Assistant  Messengers ;  Alexis  Poole,  Door 
keeper  ;  David  Murphy,  William  M.  Wise,  and  John  A.  Sargent, 
Assistant  Door-keepers  ;  William  Sayward,  Postmaster ;  Joseph  P. 
Dexter,  Jr.,  Charles  A.  Murphy,  Thaddeus  Page,  and  James  N.  Tol- 
man,  Jr.,  Pages. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston, 

Ordered,  That  debate  in  Committee  of  the  Whole  on  the  subject 
of  amendments  of  the  Constitution,  cease  in  one  hour  after  the  Con 
vention  goes  into  Committee. 

On  motion  of  Mr.  CUSHMAN,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  the  purpose  of  considering  the  Resolves 


1853.] 


JOURNAL    OF    THE    CONVENTION.  291 


on  the  subject  of  amendments  of  the  Constitution  ;  and  the  President 
requested  Mr.  Griswold,  member  for  Erving,  to  take  the  chair. 

Afterwards,  Mr.  GRISWOLD  reported  the  Resolves  to  the  Conven 
tion,  with  amendments,  as  follow: — 

First,  striking  out  all  of  the  second  Resolution. 
Second,  striking  out  all   after  the  word   "  Resolved "  in   the  first 
Resolve,  and  substituting  the  following  for  the  whole  series  : — 

Resolved,  That  it  is  expedient  to  provide  in  the  Constitution,  that 
a  Convention  to  revise  or  amend  this  Constitution,  may  be  called  and 
held  in  the  following  manner:  At  the  general  election  which  shall  be 
in  the  year  eighteen  hundred  and  seventy-three,  and  in  each  twentieth 
year  thereafter,  the  qualified  voters  in  State  elections  shall  give  in 
their  votes  to  be  received,  counted,  returned  and  declared,  in  the  same 
manner  as  by  law  is  provided  in  the  choice  of  general  officers  at  such 
election,  upon  the  question,  "  Shall  there  be  a  Convention  to  revise 
the  Constitution,  in  conformity  to  the  provisions  of  the  Act  of  1852, 
chapter  188,  relating  to  the  calling  a  Convention  of  Delegates  of  the 
people  for  the  purpose  of  revising  the  Constitution?"  and  if  it  shall 
appear,  by  the  returns  made,  that  a  majority  of  the  qualified  voters 
throughout  the  State,  who  shall  assemble  and  vote  thereon,  are  in 
favor  of  such  revision,  the  same  shall  be  deemed  and  taken  to  be  the 
will  of  the  people  of  the  Commonwealth,  that  a  Convention  should 
meet  accordingly ;  and  thereupon  delegates  shall  be  chosen  on  the 
first  Monday  of  March  next  succeeding,  in  conformity  with  the  law 
then  in  force  for  the  election  of  representatives,  and  such  delegates 
shall  meet  in  Convention  in  the  State  House,  on  the  first  Wednesday 
of  May  succeeding,  in  the  same  manner  and  with  the  same  authority 
as  is  provided  in  the  second,  third,  and  fourth  sections  of  said  Act. 

The  general  court  shall  have  power  and  authority  in  any  year 
other  than  the  year  above  specified,  to  submit  to  the  people  the  same 
proposition,  to  be  voted  on  in  the  same  manner,  at  the  next  ensuing 
general  election ;  and  if  it  shall  appear  by  the  returns  made,  that  a 
majority  of  the  qualified  voters  throughout  the  State,  who  shall 
assemble  and  vote  thereon,  are  in  favor  of  such  revision,  the  same 
shall  be  deemed  and  taken  to  be  the  will  of  the  people  of  the  Com 
monwealth,  that  a  Convention  should  meet  accordingly;  and  there 
upon  the  same  proceedings,  with  the  same  powers  and  authority, 
shall  be  had,  as  is  provided  in  the  foregoing  clause  of  this  Constitu 
tion. 

The  foregoing  provisions  shall  in  no  wise  restrain  or  impair  the 
reserved  right  of  the  people,  in  their  sovereign  capacity,  at  all  times, 


292  JOURNAL    OF    THE    CONTENTION.  [July  23d, 

to  reform,  alter,  or  totally  change  their  Constitution  and  frame  of 
government. 

The  first  of  the  amendments  was  concurred  in. 

Mr.  BRIGGS,  of  Pittsfield,  moved  to  amend  the  second  amendment, 
by  striking  out  all  after  the  word  "  Constitution,"  in  the  tenth  line, 
(printed  copy,)  as  far  as  the  word  "  and  "  in  the  thirteenth  line ;  and 
also  the  word  "  same,"  in  the  last  line  but  two  of  the  first  paragraph ; 
and  also  all  of  the  same  paragraph  after  the  word  "  manner"  in  the 
same  line,  and  to  insert  after  the  word  "manner,"  the  words  "to  be 
provided  by  the  legislature  to  be  chosen  at  the  said  election." 

On  motion  of  Mr.  BRIGGS,  the  yeas  and  nays  were  ordered  upon 
the  question  of  adopting  this  amendment. 

Without  taking  the  question, 

At  a  quarter  past  six  o'clock,  on  motion  of  Mr.  BRIGGS,  of  Pittsfield, 

The  Convention  adjourned. 


SATURDAY,  July  23,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap 
lain.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  CUSHMAN,  of  Bernardston, 

Ordered,  That  the  Committee  on  Reducing  Amendments  to  the 
Constitution  to  a  suitable  form  to  be  submitted  to  the  people,  be 
requested  to  prepare  an  Address  to  the  people  to  accompany  the 
Revised  Constitution. 

Mr.  FAY,  of  Southborough,  from  the  Committee  on  Leave  of  Ab 
sence,  submitted  a  Report,  granting  leave  of  absence  to  Messrs.  Bliss, 
of  Hatfield,  Taylor,  of  Great  Barrington,  and  Kellogg,  of  West 
Stockbridge,  for  the  remainder  of  the  session. 

The  Report  was  considered  and  accepted,  and  leave  of  absence 
granted. 

On  motion  of  Mr.  EARLE,  of  Worcester, 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  to  meet 
at  ten  o'clock  on  Monday. 

Mr.  BATES,  of  Plymouth,  from  the  Committee  on  Reporting  and 
Printing  th<3  Debates,  submitted  a  Report  and  Resolve,  granting 
authority  to  the  committee. 


1853.]  JOURNAL    OF    THE    CONVENTION.  293 

The  Resolve  was  considered  and  ordered  to  a  second  reading. 

Mr.  DUNCAN,  of  Williamstown,  offered  a  Resolve  on  the  subject  of 
uniformity  in  the  mode  of  receiving  votes,  &c. 

Referred  to  the  Committee  of  the  Whole  and  ordered  to  be  printed. 

Mr.  PARKER,  of  Cambridge,  offered  a  Resolve  on  the  subject  of  the 
mode  in  which  moneys  shall  be  appropriated  for  schools. 

Laid  upon  the  table,  and  ordered  to  be  printed. 

Mr.  HALLETT,  member  for  Wilbraham,  moved  a  reconsideration  of 
the  vote  of  yesterday,  by  which  the  Resolves  on  the  subject  of  the 
Council  were  finally  passed. 

Placed  in  the  Orders  of  the  Day. 

Mr.  BIRD,  of  Walpole,  moved  a  reconsideration  of  the  vote  by 
which  the  Resolves  on  the  subject  of  elections  by  plurality  and  ma 
jority  were  finally  passed  ;  and, 

On  motion  of  Mr.  BIRD, 

The  motion  to  reconsider  was  laid  upon  the  table. 

Mr.  BUTLER,  of  Lowell,  offered  the  following  Resolve : — 

Resolved,  That  all  judicial  commissions  which  shall  issue  to  any 
person  from  and  after  the  first  day  of  August,  in  the  year  one  thou 
sand  eight  hundred  and  fifty-three,  shall  confer  no  greater  tenure  of 
office  than  the  term  of  ten  years. 

On  motion  of  Mr.  BUTLER,  sustained  by  a  vote  of  one  hundred  and 
forty-one  in  the  affirmative,  to  fifty-two  in  the  negative, 

The  rule  requiring  propositions  for  an  amendment  of  the  Consti 
tution  to  be  considered  in  Committee  of  the  Whole,  was  suspended, 
so  as  to  allow  the  Resolve  to  be  considered  in  Convention,  and 

The  Resolve  was  placed  in  the  Orders  of  the  Day  for  Monday. 

Mr.  DANA,  member  for  Manchester,  declined  further  service  upon 
the  Committee  on  the  Preservation  of  the  Records  ;  and 

Mr.  HAZEWELL,  of  Concord,  was  appointed  in  his  place. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving,  the  Convention 
proceeded  to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject,  viz. :  the  Resolves  on  the  subject  of  amendments 
of  the  Constitution,  was  specially  assigned  for  consideration  on  Mon 
day,  at  ten  o'clock. 

The  Resolve  on  the  subject  of  a  quorum  in  the  House  of  Repre 
sentatives,  was  finally  passed,  as  follows  : — 

Resolved,  That  the  Constitution  be  so  amended,  that  one  hundred 
of  the  members  of  the  House  of  Representatives  shall  be  necessary 
to  constitute  a  quorum. 


294  JOURNAL    OF    THE    CONVENTION.  [July  25th, 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con 
sidering  the  Resolves  on  the  subject  of  banking;  and  the  President 
pro  tempore  requested  Mr.  Butler,  of  Lowell,  to  take  the  chair. 

Afterwards,  Mr.  BUTLER  reported  the  Resolves  to  the  Convention, 
without  amendment; 

And  they  were  ordered  to  a  second  reading. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving,  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con 
sidering  the  Resolves  on  the  subject  of  justices  of  the  peace  ;  and 
the  President  pro  tempore  requested  Mr.  Morton,  of  Andover,  to  take 
the  chair. 

Afterwards,  Mr.  MORTON  reported,  that  the  committee  had  made 
progress  in  the  consideration  of  the  subject,  but  had  come  to  no 
conclusion,  and  had  instructed  him  to  ask  leave  to  sit  again. 

Upon  the  question  of  granting  leave,  thirty  members  voted  in  the 
affirmative,  and  sixty-eight  in  the  negative. 

There  appearing  to  be  no  quorum  present, 

Mr.  BRIGGS,  of  Pittsfield,  moved  an  adjournment,  which  was  sus 
tained  by  a  vote  of  fifty-two  in  the  affirmative,  to  forty-seven  in  the 
negative,  and 

At  two  o'clock,  the  Convention  adjourned. 


MONDAY,  July  25,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  Friday  last  was  read. 

The  special  assignment,  viz. :  the  Resolves  on  the  -subject  of  the 
amendments  of  the  Constitution,  wTas  taken  up. 

On  motion  of  Mr.  HALLETT,  member  for  Wilbraham,  the  vote  by 
which  the  yeas  and  nays  were  ordered  upon  the  question  of  adopting 
the  amendment  of  Mr.  Briggs  to  the  amendment  of  the  Committee 
of  the  Whole,  was  reconsidered, 

And  the  question  recurring  upon  the  demand  for  the  yeas  and  nays, 
it  was  not  sustained. 

The  question  then  being  upon  the  amendment  of  Mr.  Briggs,  a 
division  was  called  for,  arid  the  first  part  of  the  amendment,  viz. :  the 
proposition  to  strike  out  all  after  the  word  "  Constitution,"  in  the 
tenth  line,  as  far  as  the  word  "  and,"  in  the  thirteenth  line,  was  agreed 
to. 


1853.] 


JOURNAL   OF    THE    CONVENTION.  295 


The  second  part  of  the  amendment,  viz. :  the  proposition  to  strike 
out  the  word  "  same,"  in  the  last  line  but  two  of  the  first  paragraph, 
and  also  all  of  the  same  paragraph  after  the  word  "manner,"  in 
the  same  line,  and  to  insert  after  the  word  "manner,"  the  words  "to 
be  provided  by  the  legislature  to  be  chosen  at  the  said  election," 

Was  rejected,  by  a  vote  of  seventy-seven  in  the  affirmative,  to  one 
hundred  and  five  in  the  negative. 

Mr.  HALLETT,  member  for  Wilbraham,  moved  to  amend  the  amend 
ment  of  the  Committee  of  the  Whole,  by  inserting  the  word  "then" 
after  the  word  "is,"  in  the  eighth  line ;  and  also,  after  the  word  "  Con 
stitution,"  in  the  tenth  line,  the  words  "in  conformity  to  the  pro 
visions  in  the  Constitution  for  holding  such  Convention";  and  also, 
after  the  word  "succeeding,"  in  the  nineteenth  line,  the  words  "in. 
conformity  with  the  law  then  in  force  for  the  election  of  representa 
tives,  and  upon  the  then  basis  for  the  year  when  the  valuation  of 
estates  was  settled";  and  also  after  the  word  "of,"  in  the  twenty -third 
line,  the  words,  "an  act  relating  to  the  calling  a  Convention  of  the 
people  for  the  purpose  of  revising  the  Constitution,"  approved  May 
7th,  1852.  "  And  it  shall  be  the  duty  of  the  proper  officers  and  per 
sons  in  authority  to  perform  all  acts  necessary  to  carry  into  effect 
these  provisions;"  also  by  striking  out  the  words,  "in  the  same  man 
ner  and,"  in  the  nineteenth  line,  the  word,  "second,"  in  the  twentieth 
line,  and  the  words  "  said  Act,"  in  the  twenty-first  line. 

On  motion  of  Mr.  ALLEN,  of  Worcester,  the  whole  subject  was 
committed  to  a  special  committee,  consisting  of  seven  members,  with 
instructions  to  report  to-morrow  morning. 

The  President  pro  tempore  appointed  the  committee,  consisting, 
after  the  filling  of  the  vacancies,  of  the  following  members,  viz. : — 

Messrs.  Hallett,  member  for  Wilbraham,  Lord,  of  Salem,  Upton, 
of  Boston,  Sumner,  member  for  Marshfield,  Williams,  of  Taunton, 
Alvord,  member  for  Montague,  and  Simmons,  of  Hanover. 

Afterwards,  Mr.  DENTON,  of  Chelsea,  moved  a  reconsideration  of 
the  vote  by  which  the  subject  was  committed  to  a  special  committee; 
but  the  motion  was  rejected. 

On  motion  of  Mr.  WESTON,  of  Duxbury,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

Leave  was  granted  to  the  Committee  of  the  Whole  to  sit  for  the 
further  consideration  of  the  subject  of  the  election  of  justices  of  the 
peace. 

The  motion  of  Mr.  HALLETT,  member  for  Wilbraham,  to  reconsider 
the  vote  by  which  the  Resolves  on  the  subject  of  the  Council  were 
finally  passed,  was  rejected. 


296  JOURNAL    OF    THE    CONVENTION.  [July  2oth, 

The  Resolves  on  the  subject  of  banking  were  taken  up. 

Mr.  HOOPER,  of  Fall  River,  moved  to  amend  the  first  Resolve,  by 
adding  to  it  the  words  "Provided,  that  no  note  or  bill  of  a  less  denom 
ination  than  ten  dollars,  shall  be  issued  as  currency,  after  the  year 
eighteen  hundred  and  sixty." 

Mr.  BROWN,  of  Douglas,  moved  that  leave  be  granted  to  Mr.  Hall? 
of  Haverhill,  to  speak  more  than  fifteen  minutes,  but  the  motion  was 
rejected. 

The  amendment  of  Mr.  Hooper  was  rejected. 

Mr.  PLUNKETT,  of  Adams,  moved  to  amend,  by  striking  out  the 
first  Resolve; 

And  upon  this  motion,  he  called  for  the  yeas  and  nays,  which  were 
ordered. 

On  motion  of  Mr.  DUNCAN,  of  Williamstown,  the  Previous  Ques 
tion  was  ordered. 

The  roll  being  called,  ninety-nine  members  voted  for  the  amend 
ment,  and  one  hundred  and  fifty-eight  against  it. 

So  it  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Alfred  A.  Abbott,  Messrs.  Henry  L.  Dawes, 

Benjamin  P.  Adams,  Elijah  S.  Deming, 

P.  Emory  Aldrich,  Hiram  S.  Denison, 

John  B.  Alley,  Philip  Eames, 

William  Aspinwall,  Peter  Easland, 

David  C.  Atwood,  A.  G.  Farwell, 

Samuel  Ayres,  Sullivan  Fay, 

Joseph  Barrows,  Samuel  P.  Fowler, 

Russel  Bartlett,  James  M.  Freeman, 

John  Beal,  Henry  J.  Gardner, 

Luther  V.  Bell,  Wanton  C.  Gilbert, 

"William  Bennett,  Jr.,  John  W.  Graves, 

Edward  B.  Bigelow,  Artemas  Hale, 

Osmyn  Brewster,  Charles  B.  Hall, 

Francis  Brinley,  A.  B.  Hammond, 

George  N.  Briggs,  Isaac  Hayden, 

Hufus  Bullock,  George  Hayward, 

Nathaniel  Cogswell,  Henry  Hersey, 

Ithamar  Conkey,  George  S.  Hillard, 

Charles  E.  Cook,  "William  Hinsdale, 

Benjamin  F.  Copeland,  Thomas  Hopkinson, 

George  W.  Crockett,  William  J.  Hubbard, 

Leander  Crosby,  William  Hunt, 

Seth  Crowell,  Samuel  A.  Hurlburt, 

Francis  B.  Crowninshield,  Samuel  Jackson, 

Wilber  Curtis,  John  Jenkins, 

John  Davis,  Samuel  H.  Jenks, 

Solomon  Davis,  Giles  C.  Kellogg, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


29' 


Messrs.  Edward  L.  Keyes, 
Hiram  Knight, 
Joseph  Knight, 
George  II.  Kuhn, 
Abishai  Lincoln, 
Frederic  W.  Lincoln,  Jr. , 
Otis  P.  Lord, 
Samuel  P.  Loud, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
James  M.  Moore, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
E.  Wing  Packer, 
John  G.  Park, 
Samuel  D.  Parker, 
Jonathan  C.  Perkins, 
William  C.  Plunkett, 
John  A.  Putnam, 
James  Read, 
Sampson  Reed, 
George  R.  Sampson, 


Messrs.  John  Sargent, 

William  Schouler, 
John  W.  Simonds, 
John  Souther, 
Granville  Stevens, 
J.  Thomas  Stevenson, 
Alanson  Swain, 
Edmund  P.  Tileston, 
Charles  R.  Train, 
Orison  Underwood, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Samuel  Walker, 
Cyrus  Weeks, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Benjamin  White, 
Joel  Wilder, 
John  H.  Wilkins, 
Jonathan  B.  Winn. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Shubael  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
Josiah  Allis, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Zephaniah  Bennett, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
Gad  O.  Bliss, 
William  S.  Booth, 
William  J.  A.  Bradford, 
Hiram  N.  Breed, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Asahel  Buck, 
Benjamin  F.  Butler, 
Isaac  Case, 
Amariah  Chandler, 
Daniel  E.  Chapin, 
Henry  Chapin, 
Josiah  Childs, 
Henry  Clark, 


Messrs.  Ransom  Clark, 

William  Cleverly, 
Lansing  J.  Cole, 
Sumner  Cole, 
Henry  F.  Cooledge, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Joseph  W.  Cross, 
Thomas  TUushman, 
Silas  Dean, 
Augustus  Denton, 
Alexander  De  Witt, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
John  M.  Earle, 
Elisha  Edwards, 
Samuel  Edwards, 
Emery  Fiske, 
Samuel  Fowle, 
Charles  A.  French, 
Samuel  French, 
Richard  Frothingham,  Jr., 
Johnson  Gardner, 
Charles  G.  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
Jabez  Green, 


298 


JOURNAL    OF    THE    CONVENTION. 


[July  25th, 


Messrs.  Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
Elnathan  P.  Hathaway, 
Stephen  E.  Hawkes, 
Charles  C.  Hazewell, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Aaron  Hobart, 
Henry  Hobart, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Henry  K.  Hoyt, 
Charles  P.  Huntington, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Isaac  Kendall, 
Joseph  Kimball, 
Jefferson  Knight, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Tristram  Littlefield, 
Justin  E.  Loomis, 
Abijah  P.  Marvin, 
Simeon  Merritt, 
James  L.  Monroe, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
Hiram  Nash, 
Jonathan  Nayson, 
Charles  Newman, 
William  Nichols, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
Charles  Osgood, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perkins, 
Jesse  Perkins, 


Messrs.  Noah  C.  Perkins, 
Charles  Phelps*, 
Henry  Pierce, 
James  M.  Pool, 
Robert  Rantoul, 
Silas  Rawson, 
David  Rice, 
Daniel  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
John  Rogers, 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
Luther  Sheldon, 
John  Sherril, 
Perez  Simmons, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Caleb  Stetson, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Stiles, 
Increase  Sumner, 
Arnold  Taft, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Horatio  W.  Tilton, 
David  Turner, 
David  P.  Turner, 
William  Tyler, 
Joel  Viles, 
George  A.  Vinton, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Western, 
George  White, 
Daniel  Wilbur, 
Joseph  Wilbur, 
Henry  Williams, 
J.  B.  Williams, 
Willard  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


1653.J 


JOURNAL   OF    THE    CONVENTION.  299 


The  Resolves  were  then  finally  passed,  as  follow : — 

Resolved,  That  it  is  expedient  to  insert  into  the  Constitution  arti 
cles  providing, — 

1.  That  the  legislature  shall  have  no  power  to  pass  any  act  grant 
ing  any  special  charter  for  banking  purposes,  or  any  special  act  to 
increase  the  capital  stock  of  any  charter  bank ;  but  corporations  may 
be  formed  for  such  purposes,  or  the  capital  stock   of  charter  banks 
may  be  increased,  under  general  laws. 

2.  That  the  legislature  shall  provide  by  law  for  the  registry  of  all 
notes  or  bills  authorized  by  general  laws  to  be  issued  or  put  in  circu 
lation  as  money ;  and  shall  require  ample  security  for  the  redemption 
of  such  notes,  in  specie. 

One  hundred  and  eight  members  voted  for  the  Resolves,  and  sixty- 
eight  against  them. 

On  motion  of  Mr.  WESTON,  of  Duxbury,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  on  the  subject  of  justices  of  the  peace ;  and  the  Presi 
dent  pro  tempore  requested  Mr.  Morton,  of  Andover,  to  take  the  chair. 

Afterwards,  Mr.  MORTON  reported,  that  the  committee  had  made 
further  progress  in  the  consideration  of  the  subject,  but  finding  them 
selves  without  a  quorum,  had  directed  him  to  report  that  fact  to  the 
Convention. 

At  two  o'clock,  the  Convention  adjourned. 

AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Mr.  FAY,  of  Southborough,  from  the  Committee  on  Leave  of  Ab 
sence,  submitted  a  Report,  granting  leave  of  absence  to  Mr.  Henry, 
of  Prescott,  and  Mr.  Gale,  of  Heath,  for  the  remainder  of  the  session 

The  Report  was  considered  and  accepted,  and  leave  granted. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Resolve  in  relation  to 
the  commissions  of  the  judges,  was  taken  up  and  considered  ;  and, 
after  being  amended  by  substituting  the  word  "  tenth  "  for  the  word 
"  first,"  was 

Ordered  to  a  second  reading. 

Mr.  LORD,  of  Salem,  moved  that  the  rule  limiting  speeches  to  fifteen 
minutes,  be  rescinded ;  but  the  motion  was  rejected. 

On  motion  of  Mr.  WESTON,  of  Duxbury, 

Ordered,  That  debate  upon  the  Resolves  concerning  justices  of  the 
peace,  shall  cease  at  four  o'clock. 


300  JOURNAL    OF    THE    CONVENTION.  [July  25th, 

On  motion  of  Mr.  WALKER,  of  North  Brookfield,  the  Convention 
resumed  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolves  on  the  subject  of  justices  of  the 
peace. 

Mr.  MORTON,  of  Andover,  moved  to  amend,  by  striking  out  the 
first  Resolve,  and  inserting  instead  thereof,  the  following: — 

Resolved,  That  it  is  expedient  to  amend  the  Constitution  as  follows : — 

1.  Trial  Justices  shall  be  elected  by  the  legal  voters  of  the  several 
towns  for  a  term  of  three  years.     There  shall  be  one  in  each  town, 
and  one  additional  for  every  two  thousand  inhabitants.     They  shall 
have  the  same  jurisdiction,  powers,  and  duties,  that  are  now  exercised 
by  justices   of  the   peace,  justices  of  the  quorum,   and  commission 
ers  to  qualify  civil  officers ;  and  such  other  powers  as  may  be  given 
them  by  the  legislature. 

2.  Justices   of  the  Peace  shall  be  appointed  by  the  Governor  and 
Council  for  a  term   of  seven  years ;  and  those  who   now  hold  that 
office  shall  continue  as  such,  according  to  their  respective   commis 
sions  :  Provided,  that  the  jurisdiction  of  justices   of  the  peace  shall 
not  extend  to  the  hearing  or  trial  of  causes,  or  the  issuing  of  warrants 
in  criminal  cases. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving,  the  amendment 
was  amended,  by  striking  out  the  words  "  justices  of  the  quorum, 
and  commissioners  to  qualify  civil  officers." 

On  motion  of  Mr.  DAWES,  of  Adams,  the  amendment  was  further 
amended,  by  inserting,  after  the  word  "towns,"  in  the  second  line  of 
the  first  section,  the  words,  "  and  cities  where  no  police  court  is  or 
shall  be  established  by  law." 

On  motion  of  Mr.  ALVORD,  member  for  Montague,  the  amendment 
was  further  amended,  by  inserting  the  word  "  such  "  before  the  word 
"justices,"  in  the  fifth  line  of  the  second  section,  and  striking  out  the 
words,  "  of  the  peace,"  in  the  same  line. 

On  motion  of  Mr.  CHAPIN,  of  Worcester,  the  amendment  was  fur 
ther  amended  by  adding  an  additional  section,  as  follows: — 

3d.  Justices  and  clerks  of  the  police  courts  of  the  several  towns 
and  cities  of  the  Commonwealth,  shall  be  elected  by  the  legal  voters 
of  the  several  towns  and  cities,  for  a  term  of  three  years. 

On  motion  of  Mr.  MORTON,  of  Andover,  the  amendment  was  fur 
ther  amended,  by  striking  out  the  words,  "  and  such  other  powers  as 
may  be  given  them,"  and  inserting  instead  thereof,  the  words  "  subject 
to  alterations." 


1853.]  JOURNAL    OF    THE    CONVENTION.  301 

On  motion  of  Mr.  FROTHINGHAM,  of  Charlestown,  the  amendment 
was  further  amended,  by  inserting  the  words  "may  be"  after  the 
word  "  and,"  in  the  third  line  of  the  first  section. 

On  motion  of  Mr.  MORTON,  of  Andover,  the  amendment  was  fur 
ther  amended,  by  striking  out  the  words  "  each  town,"  in  the  third 
line  of  the  first  section,  and  inserting,  instead  thereof,  the  words,  "  in 
every  such  town  or  city." 

On  motion  of  Mr.  LELAND,  of  Holliston,  the  amendment  was  fur 
ther  amended,  by  adding  to  the  first  section  the  words,  "  Provided 
that  no  trial  justice  shall  act  as  such,  upon  his  ceasing  to  reside  in 
the  town  in  which  he  was  elected." 

The  amendment  of  Mr.  Morton,  as  amended,  was  then  adopted. 

Mr.  LORD,  of  Salem,  moved  to  amend  by  adding  the  following 
section  : — 

No  trial  justice  shall  have  jurisdiction  in  any  civil  action  in  which 
both  parties  shall  be  inhabitants  of  towns  within  this  Common 
wealth,  other  than  the  town  by  which  such  justice  was  elected. 

But  the  amendment  was  rejected. 

Mr.  STEVENSON,  of  Boston,  moved  that  the  subject  be  referred  to  a 
special  committee  ;  but  the  motion  was  rejected,  by  a  vote  of  ninety- 
seven  in  the  affirmative,  to  one  hundred  and  nineteen  in  the  negative. 

Afterwards,  on  motion  of  Mr.  CHAPIN,  of  Worcester,  the  above 
vote  was  reconsidered,  by  a  vote  of  one  hundred  and  twenty-seven 
in  the  affirmative,  to  eighty-nine  in  the  negative. 

Mr.  HOUTWELL,  member  for  Berlin,  moved  that  the  subject  be  laid 
upon  the  table ;  but  the  motion  was  rejected,  by  a  vote  of  ninety-four 
in  the  affirmative  to  one  hundred  and  forty  in  the  negative. 

The  motion  to  refer  to  a  special  committee,  was  then  agreed  to, 
and  the  committee  were  instructed  to  report  to-morrow  morning. 

On  motion  of  Mr.  KEYES,  member  for  Abington, 

Ordered,  That  the  committee  consist  of  seven  members. 

The  President  appointed  the  committee,  as  follows : — 

Messrs.  Stevenson,  of  Boston,  Butler,  of  Lowell,  Chapin,  of  Wor 
cester,  Bartlett,  of  Boston,  Griswold,  member  for  Erving,  Dawes,  of 
Adams,  and  Morton,  of  Andover. 

Mr.  CHURCHILL,  of  Milton,  offered  Resolutions  on  the  subject  of 
justices  of  the  peace. 

Referred  to  the  special  committee. 

The  Resolve  granting  authority  to  the  Committee  on  Reporting 
and  Printing,  was  finally  passed,  as  follows : — 


302  JOURNAL   OF    THE    CONTENTION.  [July  25th, 

Resolved,  That  the  Committee  appointed  to  superintend  the  pub 
lication  of  the  Reports  and  Proceedings  of  this  Convention,  be  au 
thorized,  in  connection  with  the  President  and  State  Auditor,  to  allow 
the  accounts  for  such  service,  and  the  Governor  is  hereby  requested 
to  draw  his  order  on  the  treasury  for  the  payment  of  the  same. 

On  motion  of  Mr.  BIRD,  of  Walpole,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
Resolves  reported  by  the  Committee  on  the  Bill  of  Rights,  also  the 
Resolves  reported  by  a  minority  of  the  same  committee ;  also  the 
Resolves  reported  by  a  special  committee  on  the  subject  of  legal 
remedies  to  the  representatives  of  persons  killed  by  the  negligence  or 
misconduct  of  railroad  corporations ;  and  the  President  pro  tempore 
requested  Mr.  Schouler,  of  Boston,  to  take  the  chair. 

Afterwards  Mr.  SCHOULER  reported  the  Resolves  of  the  committee, 
with  an  amendment  to  the  second  Resolve,  viz. : — 

Add  the  words,  "  said  writ  shall  be  granted  as  of  right  in  all  cases 
where  the  legislature  shall  not  specially  confer  a  discretion  therein 
upon  the  court.  But  the  legislature  may  prescribe  preliminary  pro 
ceedings  to  the  obtaining  of  said  writ." 

Mr.  SCHOULER  also  reported,  that  the  committee  had  instructed 
him  to  ask  leave  to  sit  again,  for  the  consideration  of  the  Resolves 
reported  by  the  minority  of  the  committee,  and  the  Resolve  on  the 
subject  of  legal  remedies,  &c. 

And  leave  was  accordingly  granted. 

The  amendment  to  the  second  Resolve  was  concurred  in. 

On  motion  of  Mr.  LORD,  of  Salem,  the  further  consideration  of  the 
subject  was  postponed  until  ten  o'clock  to-morrow. 

Mr.  STEVENSON,  of  Boston,  from  the  Special  Committee  on  the 
subject  of  justices  of  the  peace,  submitted  a  Report  and  Resolves 
on  that  subject. 

Laid  upon  the  table  and  ordered  to  be  printed. 

At  a  quarter  before  seven  o'clock,  on  motion  of  Mr.  BREED,  of 
Lynn, 

The  Convention  adjourned. 


1853/ 


JOURNAL    OF    THE    CONTENTION.  303 


TUESDAY,  July  26,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Mr.  MIXTER,  of  New  Braintree,  offered  the  following  Order : — 

Ordered,  That  the  clerk  of  each  of  the  towns  in  this  Common 
wealth  that  have  not  sent  a  Delegate  to  this  Convention,  shall  receive, 
for  the  use  of  the  town,  one  copy  of  the  Constitutions  of  the  United 
States,  and  one  copy  of  the  Debates  of  the  Massachusetts  Convention 
of  1820. 

Laid  over,  under  the  rule. 

Mr.  DANA,  member  for  Manchester,  offered  an  Order,  which,  after 
being  ^amended,  on  motion  of  Mr.  BIRD,  of  Walpole,  by  substituting 
an  Order  to  "  consider  the  expediency,"  was  adopted,  as  follows  : — 

Ordered,  That  the  Committee  on  the  Judiciary,  consider  the  ex 
pediency  of  reporting  upon  the  following  subjects,  to  wit: — 

1.  The  holding  over  of  officers  having  authority  under  the  present 
Constitution,  until  officers  holding  under  the  Revised  Constitution  shall 
be  qualified. 

2.  The  commissioning  by  the  governor,  of  certain  officers  elected  by 
the  people. 

3.  The   authority  of  the  governor  to  suspend  or  remove  officers 
elected  by  the  people,  or  the  legislature. 

4.  The  time  for  the  first  election  under  the  new  Constitution,  if 
adopted. 

Mr.  HALLETT,  member  for  Wilbraham,  from  the  Special  Committee 
to  whom  was  referred  the  resolves  and  proposed  amendments  on  the 
subject  of  amendments  to  the  Constitution,  submitted  a  Report  on 
that  subject. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  rule  requiring  it  to  be 
considered  in  Committee  of  the  Whole,  was  suspended. 

The  Resolve  was  laid  upon  the  table  and  ordered  to  be  printed. 

On  motion  of  Mr.  MORTON,  of  Taunton,  the  Committee  on  the 
Judiciary  were  authorized  to  sit  during  the  sessions  of  the  Convention. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject,  viz.:  the  Resolve  on  the  subject  of  the  commis 
sions  of  the  judges,  was  amended,  on  motion  of  Mr.  WALKER,  of 
North  Brookfield,  by  inserting  the  words  "  that  the  Constitution  be  so 
amended,"  in  the  first  line ; 


304  JOURNAL    OF    THE    CONVENTION.  [July  26th, 

And  then  finally  passed,  as  follows  : — 

Resolved,  That  the  Constitution  be  so  amended,  that  all  judicial 
commissions  which  shall  issue  to  any  person  from  and  after  the  tenth 
day  of  August,  in  the  year  one  thou^nd  eight  hundred  and  fifty- 
three,  shall  confer  no  greater  tenure  of  office  than  the  term  of  ten 
years. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolve  on  the  subject  of  uniformity  in  the  mode  of  receiving 
votes,  &c. ;  and  the  President  pro  tempore  requested  Mr.  Nayson,  of 
Amesbury,  to  take  the  chair. 

Afterwards,  Mr.  NAYSON  reported,  that  it  was  the  opinion  of  the 
committee  that  the  Resolve  ought  to  pass. 

On  motion  of  Mr.  ELY,  of  "Westfield,  the  Resolve  was  indefinitely 
postponed. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Resolve  reported  by  the 
Special  Committee,  on  the  subject  of  justices  of  the  peace,  was  taken 
from  the  table ; 

And,  on  motion  of  the  same  gentleman,  the  rule  requiring  it  to  be 
considered  in  Committee  of  the  Whole,  was  suspended, 

And  the  Resolve  was  considered. 

On  motion  of  Mr.  BUTLER,  the  fourth  section  was  amended  by  in 
serting  after  the  word  "officer"  in  the  second  line,  the  words,  "clerk 
or  justice  aforesaid." 

On  motion  of  Mr.  WALKER,  of  North  Brookfield, 

Ordered,  That  debate  on  this  subject  shall  close  at  a  quarter  past 
eleven  o'clock. 

Mr.  DUNCAN,  of  Williamstown,  moved  to  amend  by  striking  out  all 
after  the  words  "  provide  that,"  and  insert  instead  thereof  the  words, 
"justices  of  the  peace  shall  be  elected  by  the  legal  voters  of  the  sev 
eral  towns  and  cities,  as  may  be  hereafter  provided  by  law." 

Mr.  HATHAWAY,  of  Freetown,  moved  to  amend  by  striking  out  the 
words,  "or  the  issuing  of  warrants  in  criminal  cases;"  but  the 
amendment  was  rejected  by  a  vote  of  forty-three  in  the  affirmative, 
to  one  hundred  and  forty-four  in  the  negative. 

The  amendment  of  Mr.  Duncan  was  then  rejected. 

The  Resolve,  as  amended,  was  then  ordered  to  a  second  reading. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  rule  was  suspended,  and 
the  Resolve  considered,  on  the  question  of  its  final  passage. 


1853.] 


JOURNAL   OF   THE    CONTENTION.  305 


Mr.  WHITNEY,  of  Conway,  moved  to  amend  by  striking  out  the 
words,  "  or  the  issuing  of  warrants  in  criminal  cases;  " 

Mr.  ADAMS,  of  Lowell,  moved  the  Previous  Question ;  which  was 
ordered. 

Mr.  Whitney's  amendment  was  then  rejected. 

The  Resolve  was  then  finally  passed,  as  follows : — 

Resolved,  That  it  is  expedient  to  amend  the  Constitution  so  as  to 
provide  that 

1.  Trial  Justices  shall  be  elected  by  the  legal  voters  of  the  several 
towns  and  cities  where,  at  the  time  of  such  election,  there  is  no  police 
court  established  by  law,  who  shall  hold  their  offices  for  a  term  of 
three  years. 

Every  such  city  or  town  shall  elect  one  such  justice,  and  may  elect 
one  additional  for  each  two  thousand  inhabitants  therein,  according 
to  the  next  preceding  decennial  census. 

They  shall  have  the  same  jurisdiction,  powers  and  duties,  as  are 
now  exercised  by  justices  of  the  peace,  which  jurisdiction,  powers  and 
duties,  may  be  changed  by  the  legislature:  Provided,  that  every  trial 
justice  who  shall  remove  from  the  town  in  which  he  was  elected,  shall 
thereby  vacate  his  office. 

2.  Justices  of  the  peace,  justices  of  the  peace  and  quorum,  justices 
of  the  peace  throughout  the   Commonwealth,  and  commissioners  to 
qualify  civil  officers,  may  be  appointed  by  the  Governor  and  Council 
for  a  term  of  seven  years ;  and  those  now  in  office  shall  continue 
therein  according  to  the  tenure  of  their  respective  commissions  :  Pro 
vided,  that  the  jurisdiction  of  all  such  justices  shall  not  extend  to  the 
hearing  or  trial  of  any  causes,  or  the  issuing  of  warrants  in  criminal 
cases. 

3.  Justices  and  clerks  of  the  police  courts  of  the  several  cities  and 
towns  of  the   Commonwealth,  shall  be  elected  by  the  legal  voters 
thereof,  for  a  term  of  three  years. 

4.  In  case  of  vacancy  by  resignation,  or  otherwise,  of  any  State, 
county,  or  district  officer,  clerk  or  justice  aforesaid,  excepting  members 
of  the  legislature,  whose  election  is  provided  for  in  the  Constitution; 
and  whose  term  of  office  does  not  expire  at  the  next  annual  election, 
the  governor  shall  issue  his  warrant  to  the  mayors  and  aldermen  of 
the  several  cities,  and  the  selectmen  of  the  several  towns,  to  fill  the 
vacancy  at  the  next  annual  election  after  it  shall  have  happened ;  and 
the  Governor,  with  the  advice  and  consent  of  the  Council,  may  appoint 
suitable  persons  to  fill  such  vacancies  until  an  election  by  the  people. 

20 


306  JOURNAL    OF    THE    CONVENTION. 


[July  26tk, 


Mr.  HALLETT,  member  for  Wilbraham,  moved  a  reconsideration  of 
the  vote  by  which  the  Resolve  was  finally  passed. 

The  rule  was  suspended,  and,  on  motion  of  Mr.  FREEMAN,  of 
Franklin,  the  Previous  Question  was  ordered,  and 

The  motion  to  reconsider  was  rejected. 

On  motion  of  Mr.  LIVERMORE,  of  Cambridge,  the  special  assign 
ment  was  taken  up,  viz. :  the  Resolves  reported  by  the  Committee  on 
the  Bill  of  Rights. 

Mr.  STRONG,  of  Easthampton,  moved  to  amend,  by  adding  the  fol 
lowing  Resolve : — 

Resolved,  That  the  Bill  of  Rights  be  so  amended  that  no  person 
shall  be  subject  to  imprisonment  for  debt  in  this  Commonwealth, 
upon  any  contract,  express  or  implied,  unless  in  cases  of  fraud. 

On  motion  of  Mr.  STRONG,  the  yeas  and  nays  were  ordered  upon 
the  question  of  adopting  the  amendment. 

And  the  roll  being  called,  one  hundred  and  twenty  members  voted 
for  the  amendment,  and  forty-five  against  it. 

So  it  was  adopted. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Charles  Allen,  Messrs.  Silas  Dean, 

Josiah  Allis,  Augustus  Denton, 

D.  W.  Alvord,  John  M.  Earle, 

David  C.  Atwood,  Lilley  Eaton, 

Hillel  Baker,  Elisha  Edwards, 

John  Beal,  Joseph  M.  Ely, 

George  W.  Blagden,  Sullivan  Fay, 

Sewell  Bout  well,  Lyman  Fisk, 

"William  J.  A.  Bradford,  Emery  Fiske, 

Hiram  N.  Breed,  James  M.  Freeman, 

George  N.  Briggs,  Charles  A.  French, 

Asa  Bronson,  Rodney  French, 

Joseph  Brownell,  Richard  Frothingham,  Jr., 

Asahel  Buck,  "Wanton  C.  Gilbert, 

Rufus  Bullock,  Charles  G.  Giles, 

Anson  Burlingamc,  Joel  Giles, 

Benjamin  F.  Butler,  Leonard  Gooding, 

Henry  Cady,  Dalton  Goulding, 

Timothy  W.  Carter,  Jabez  Green, 

Amariah  Chandler,  Samuel  P.  Hadley, 

Daniel  E.  Chapin,  Benjamin  F.  Hallett, 

J.  McKean  Churchill,  Phineas  Harmon, 

Nathaniel  Cogswell,  Stephen  E.  Hawkes, 

Benjamin  F.  Copeland,  Isaac  Hay  den, 

George  B.  Crane,  Charles  C.  Hazewell, 

Simeon  Crittenden,  Henry  Hersey, 

Joseph  W.  Cross,  "William  H.  Hewes, 

Richard  H.  Dana,  Jr.,  William  Hinsdale, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


307 


Messrs.  Edwin  Hobbs, 
Martin  Howard, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
George  H.  Huntington, 
John  Jacobs, 
Giles  C.  Kellogg, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Jefferson  Knight, 
Joseph  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Gardner  P.  Ladd, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Justin  E.  Loomis, 
Simeon  Merritt, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Charles  Newman, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Henry  K.  Oliver, 
E.  Wing  Packer, 
John  Partridge, 
Jeremiah  Pease,  Jr., 
John  Penniman, 

Those  who  voted  in  the  negative  are  :• 


Messrs.  Jesse  Perkins, 
Charles  Phelps, 
Henry  Pierce, 
Jeremiah  Pomroy, 
James  M.  Pool, 
Luther  Richards, 
John  Rogers, 
William  Schouler, 
Luther  Sheldon, 
Eben  H.  Stacy, 
Joseph  L.  Stevenis,  J* 
Gideon  Stiles, 
Alfred  L.  Strong, 
Charles  Sumner, 
Increase  Sumner, 
Isaac  C.  Taber, 
Arnold  Taft, 
John  W.  Thomas, 
Abraham  Tilton, 
David  Turner, 
William  Tyler, 
Bradford  L.  Wales, 
Frederick  T.  Wallace, 
Samuel  Walker, 
Andrew  H.  Ward, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
James  S.  Whitney, 
Daniel  Wilbur, 
Henry  Wilson, 
Willard  Wilson. 


Messrs.  Alfred  A.  Abbott, 

Benjamin  P.  Adams, 
Parsons  Allen, 
Russel  Bartlett, 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
William  S.  Booth, 
George  S.  Boutwell, 
Artemas  Brown, 
Henry  F.  Cooledge, 
Solomon  Davis, 
Abram  Foster, 
Samuel  Fowle, 
Samuel  P.  Fowler, 
Daniel  W.  Gooch, 
Jason  Goulding, 
George  S.  HiUard, 


Messrs.  Thomas  Hopkinson, 
Samuel  Houghton, 
William  J.  Hubbard, 
Samuel  Jackson, 
Isaac  Kendall, 
Hiram  Knight, 
Albert  Knox, 
George  H.  Kuhn, 
Abishai  Lincoln, 
Seth  Miller,  Jr., 
George  Morey, 
John  G.  Park, 
Samuel  D.  Parker, 
Jonathan  Parris, 
Nathaniel  Peabody, 
Noah  C.  Perkins, 
Robert  Rantoul, 
Daniel  Richardson, 


308  JOURNAL    OF    THE    CONVENTION.  [July  26th, 

Messrs.  Samuel  H.  Richardson,  Messrs.  Milo  Wilson, 

David  S.  Ross,  Levi  M.  Winslow, 

Willard  Thayer,  2d,  Nathaniel  Wood, 

Horatio  W.  Tilton,  Ezekiel  Wright. 

Freeland  Wallis, 

The  Resolves,  as  amended,  were  then  ordered  to  a  second  reading. 
And  at  one  o'clock,  on  motion  of  Mr.  WHEELER,  of  Lincoln, 
The  Convention  adjourned. 


AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  MORTON,  of  Andover,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  Resolves  reported  by  the  minority  of  the  Committee  on  the  Bill 
of  Rights ;  and  the  Resolve  on  the  subject  of  legal  remedies,  &c. ;  and 
the  President  pro  tempore  requested  Mr.  Schouler,  of  Boston,  to  take 
the  chair. 

Afterwards,  Mr.  SCHOULER  reported,  that  the  Committee  had  in 
structed  him  to  report  that  the  first  Resolve  ought  not  to  pass ; 

And  that  the  second  Resolve  ought  to  pass ; 

And  had  also  instructed  him  to  ask  leave  to  sit  again,  for  the  con 
sideration  of  the  third  Resolve  of  the  minority  of  the  committee,  and 
the  Resolve  on  the  subject  of  legal  remedies,  &c. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Committee  of  the  Whole 
were  discharged  from  the  further  consideration  of  these  subjects. 

The  question  was  stated  upon  agreeing  to  the  recommendation  of 
the  committee,  that  the  first  Resolve,  which  is  as  follows,  ought  not 
to  pass. 

That  the  second  article  of  the  Bill  of  Rights  ought  to  be  so  altered, 
as  to  change  the  words,  "  for  his  religious  profession  or  sentiments," 
to  the  words  "  for  his  profession  or  sentiments  concerning  religion." 
So  that  it  will  read,  if  so  amended,  "  and  no  subject  shall  be  hurt, 
molested  or  restrained  in  his  person,  liberty  or  estate,  for  worshipping 
God  in  the  manner  and  season  most  agreeable  to  the  dictates  of  his 
own  conscience,  or  for  his  profession  or  sentiments  concerning  reli 
gion." 

On  motion  of  Mr.  HOLDER,  of  Lynn,  the  yeas  and  nays  were  or 
dered  upon  the  question  of  concurring  with  the  committee. 

And  the  roll  being  called,  one  hundred  and  thirty-three  members 
voted  in  favor  of  concurrence,  and  one  hundred  and  seven  against  it. 

So  the  Resolve  was  rejected. 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


309 


Those  who  voted  in  the  affirmative  are  : — 


Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
D.  W.  Alvord, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  At  wood, 
Samuel  Ayres, 
Joseph  Barrows, 
Russel  Bartlett, 
Sidney  Bartlett, 
William  Bennett,  Jr., 
George  S.  Boutwell, 
Ebenezer  Bradbury, 
Francis  Brinley, 
George  N.  Briggs, 
Asahel  Buck, 
Rufus  Bullock, 
Henry  Cady, 
Timothy  W.  Carter, 
William  Carruthers, 
Daniel  E.  Chapin, 
Henry  Chapin, 
Josiah  Childs, 
J.  McKean  Churchill, 
Salah  Clark, 
William  Cleverly, 
Nathaniel  Cogswell, 
Lansing  J.  Cole, 
Ithamar  Conkey, 
Simeon  Crittenden, 
Leander  Crosby, 
Joseph  W.  Cross, 
Seth  Crowell, 
Francis  B.  Crowninshield, 
Thomas  Cushman, 
Richard  H.  Dana,  Jr., 
Solomon  Davis, 
Henry  L.  Dawes, 
Silas  Dean, 
Hiram  S.  Denison, 
Alexander  De  Witt, 
James  C.  Doane, 
John  M.  Durgin, 
Philip  Eames, 
Elisha  Edwards, 
Samuel  Edwards 
Homer  Ely, 
William  T.  Eustis, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 


Messrs.  James  M.  Freeman, 
Luther  Gale, 
Wanton  C.  Gilbert, 
Joel  Giles, 
Daltoii  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Josiah  W.  GriswoM, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
Lyman  W.  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
George  Hayward, 
Henry  Hersey, 
James  Hewes, 
William  Hinsdale, 
Henry  Hobart, 
Edwin  Hobfos, 
Samuel  Houghton, 
Abraham  H.  Howland, 
William  Hunt, 
Charles  P.  Huntington, 
Samuel  A.  Hurlburt, 
Moses  C.  Hurlbut, 
William  James, 
John  Jenkins, 
John  Johnson, 
Giles  C.  Kellogg, 
Joseph  Knight, 
George  H.  Kuhn, 
Wilber  C.  Langdon, 
Frederic  W.  Lincoln,  Jr, 
Tristram  Littlefield, 
Isaac  Livermore, 
Justin  E.  Loomis, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Daniel  Noyes, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Adolphus  G.  Parker, 
Joel  Parker, 
William  C.  Plunkett, 


310 


JOURNAL    OF    THE    CONVENTION. 


[July  26th, 


Messrs.  Jeremiah  Pomroy, 
Jonathan  Preston, 
Silas  Rawson, 
James  Bead, 
Sampson  Reed, 
Luther  Richards, 
Daniel  Richardson, 
Samuel  H.  Richardson, 
James  C.  Royce, 
Amasa  Sanderson, 
John  Sargent, 
Chester  Sikes, 
Matthew  Smith, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 


Those  who  voted  in  the  negative  are  : — 


Granville  Stevens, 
Increase  Sumner, 
Thomas  Talbot, 
David  Turner, 
William  Tyler, 
Bradford  L.  Wales, 
Asa  H.  Waters, 
Cyrus  Weeks, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Benjamin  White, 
George  White, 
Joel  Wilder, 
Milo  Wilson, 
Jonathan  B.  Winn. 


Messrs.  Josiah  G.  Abbott, 
Shubael  P.  Adams, 
James  B.  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
John  B.  AUey, 
George  Austin, 
Hillel  Baker, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Moses  Bates,  Jr., 
John  Beal, 
Francis  W.  Bird, 
William  S.  Booth, 
Sewell  Boutwell, 
William  J.  A.  Bradford, 
Hiram  N.  Breed, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Patrick  Bryant, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
Isaac  Case, 
Amariah  Chaiidler, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
Sumner  Cole, 
Ebenezer  Davis, 
Gilman  Day, 
Elijah  S.  Deming, 
Augustus  Denton, 
Samuel  Duncan, 


Messrs.  Bradish  Dunham, 
John  M.  Earle, 
James  Easton,  2d, 
Joseph  M.  Ely, 
Charles  A.  French, 
Samuel  French, 
Richard  Frothingham,  Jr., 
Washington  Gilbert, 
Charles  G.  Giles, 
Daniel  W.  Gooch, 
Jabez  Green, 
Benjamin  F.  HaUett, 
Stephen  E.  Hawkes, 
Charles  C.  Hazewell, 
George  S.  Hillard, 
Nathaniel  Holder, 
Thomas  Hopkmson, 
Martin  Howard, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Benjamin  D.  Hyde, 
Samuel  Jackson, 
Isaac  Kendall, 
Hiram  Knight, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Otis  Little, 
William  P.  Marble, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Munroe, 


1853.]                                JOURNAL  OF    THE    CONVENTION.                                 311 

Messrs.  Charles  Newman,  Messrs.  Alanson  Swain, 

William  Nichols,  Arnold  Taft, 

Andrew  T.  Nute,  Joseph  Thayer, 

Charles  Osgood,  Willard  Thayer,  2d, 

John  Partridge,  Charles  Thompson, 

Daniel  A.  Perkins,  Horatio  W.  Tilton, 

Charles  Phelps,  David  P.  Turner, 

Silvanus  B.  Phinney,  Orison  Underwood, 

Henry  Pierce,  Joel  Viles, 

James  M.  Pool,  Frederick  T.  Wallace, 

Elkjinah  Ring,  Jr.,  Freeland  Wallis, 

David  S.  Ross,  Amasa  Walker, 

William  Schouler,  Samuel  Warner,  Jr., 

John  W.  Simonds,  Gershom  B.  Weston, 

Melzar  Sprague,  J.  B.  Williams, 

Samuel  W.  Spooner,  Henry  Wilson, 

William  Stevens,  Willard  Wilson, 

Gideon  Stiles,  Charles  C.  Wood, 

Alfred  L.  Strong,  Otis  Wood. 
Charles  Sumner, 

The  second  Resolve  was  agreed  to,  and  ordered  to  a  second  read 
ing,  by  a  vote  of  seventy-three  in  the  affirmative,  to  forty-one  in  the 
negative. 

At  half-past  six  o'clock,  on  motion  of  Mr.  PLUNKETT,  of  Adams, 

The  Convention  adjourned. 


WEDNESDAY,  July  27,  1853. 

Met  according  to  adjournment.  The  President  of  the  Convention 
resumed  the  chair.  Prayer  was  offered  by  the  Chaplain.  The  Jour 
nal  of  yesterday  was  read. 

The  Order  offered  yesterday,  by  Mr.  Mixter,  of  New  Braintree,  and 
laid  over,  was  taken  up,  amended  and  adopted,  as  follows : — 

Ordered,  That  the  Secretary  be  directed  to  send  to  each  of  the 
towns  in  this  Commonwealth  that  have  not  sent  a  Delegate  to  this 
Convention,  one  copy  ©f  Barnes's  Constitutions  of  the  United  States, 
one  copy  of  the  Journal  of  the  Massachusetts  Convention  of  1820, 
and  one  copy  of  the  Journal  and  Debates  of  this  Convention. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolve  on  the  right  of  juries  to  judge  of 
the  law,  &c. 


312 


JOURNAL   OF    THE    CONVENTION. 


[July  27th, 


After  debate,  Mr.  WALKER,  of  North  Brookfield,  moved  the  Pre 
vious  Question ;  which  was  ordered,  by  a  vote  of  one  hundred  and 
fifty-nine  in  the  affirmative,  to  seventy-five  in  the  negative. 

On  motion  of  Mr.  GARDNER,  of  Seekonk,  the  yeas  and  nays  were 
ordered  upon  the  question  of  agreeing  to  the  Resolve ; 

And  the  roll  being  called,  one  hundred  and  ninety-two  members 
toted  in  the  affirmative,  and  one  hundred  and  forty-six  in  the  nega 
tive. 

So  the  Resolve  was  ordered  to  a  second  reading. 

Those  who  voted  in  the  affirmative  are  : — 


Messrs.  Josiah  G.  Abbott, 
Shubatl  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
John  B.  Alley, 
Josiah  Allis, 
D.  W.  Alvord, 
George  Austin, 
Hillel  Baker, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 
John  Beal, 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
George  S.  Boutwell, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Alpheus  R.  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Joseph  Brownell, 
Patrick  Bryant, 
Anson  Burlingam*, 
William  Carruthers, 
Isaac  Case, 
Chester  W.  Chapin, 
Daniel  E.  Chapin, 
Henry  Chapin, 
J.  McKean  Churchill, 
Henry  Clark, 
Hansom  Clark, 
Salah  Clark, 
William  Cleverly, 
Sumner  Cole, 
George  B.  Crane, 


Messrs.  Joseph  W.  Crows, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Charles  G.  Davis, 
Isaac  Davis, 
Gilman  Day, 
Silas  Dean, 
Augustus  Denton, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
John  M.  Earle, 
Peter  Easland, 
Elisha  Edwards, 
Joseph  M.  Ely, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Abram  Foster, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Richard  Frothingham,  Jr., 
Johnson  Gardner, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
John  W.  Graves, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
William  Haskins, 
Stephen  E.  Hawkee, 
Isaac  Hayden, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


313 


Messrs.  Charles  C.  Hazewell, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Henry  Hobart, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Alden  Leland, 
Justin  E.  Loomis, 
William  P.  Marble, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Joseph  B.  Morss, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Charles  Newman, 
William  Nichols, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Benjamin  S.  Ornc, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 


Messrs.  John  Penniman, 

Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
James  M.  Pool, 
Robert  Rantoul, 
Silas  Rawson, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
John  Rogers, 
David  S.  Ross, 
Chester  Sanderson, 
John  Sherril, 
Perez  Simmons, 
John  W.  Simonds, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Charles  Sumner, 
Alanson  Swain, 
Isaac  C.  Taber, 
Arnold  Taft, 
Joseph  Thayer, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Charles  Thompson, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
Orison  Underwood, 
Joel  Yiles, 
George  A.  Vinton, 
Bradford  L.  Wales, 
Freeland  Walk's, 
Amasa  Walker, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Daniel  Wilbur, 
Henry  Williams, 
Henry  Wilson, 


314 


JOURNAL    OF    THE    CONTENTION. 


[July  27th, 


Messrs.  Willard  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 


Those  who  voted  in  the  negative  are : — 


Messrs.  Alfred  A.  Abbott, 

Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Joel  C.  Allen, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  At  wood, 
Samuel  Ayres, 
Joseph  Barrows, 
Russel  Bartlett, 
Sidney  Bartlett, 
Luther  V.  Bell, 
William  Bennett,  Jr., 
Jacob  Bigelow, 
Gad  O.  Bliss, 
William  S.  Booth, 
Ebenezer  Bradbury, 
William  J.  A.  Bradford, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Artemas  Brown, 
Asahel  Buck, 
Rufus  Bullock, 
Timothy  W.  Carter, 
Amariah  Chandler, 
Josiah  Childs, 
Stillman  Clarke, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Lansing  J.  Cole, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
Simeon  Crittenden, 
George  W.  Crockett, 
Leander  Crosby, 
Seth  Crowell, 
Francis  B.  Crowninshield, 
Wilber  Curtis, 
Richard  H.  Dana,  Jr., 
Solomon  Davis, 
Henry  L.  Dawes, 
Elijah  S.  Deming, 
Hiram  S.  Denison, 


Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


James  C.  Doane, 
Moses  Dorman, 
Philip  Eames, 
Lilley  Eaton, 
Samuel  Edwards, 
Homer  Ely, 
A.  G.  Farwell, 
Sullivan  Fay, 
Aaron  Foster, 
Samuel  Fowle, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Luther  Gale, 
Henry  J.  Gardner, 
Joel  Giles, 
Robert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Jabez  Green, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
Phineas  Harmon, 
George  Haskell, 
Elnathan  P.  Hathaway, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
George  S.  Hillard, 
William  Hinsdale, 
Aaron  Hobart, 
Samuel  Houghton, 
Abraham  H.  Rowland, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Charles  P.  Huntington, 
George  H.  Huntington, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
John  Johnson, 
Giles  C.  Kellogg, 
Isaac  Kendall, 


1853.]  JOURNAL   OF   THE    CONVENTION.  315 

Messrs.  Henry  W.  Kinsman,  Messrs.  George  R.  Sampson, 

Joseph  Knight,  John  Sargent, 

George  H.  Kuhn,  •William  Schouler, 

John  S.  Ladd,  Chester  Sikes, 

Job  G.  Lawton,  Jr.,  John  S.  Sleeper, 

Abishai  Lincoln,  Matthew  Smith, 

Frederic  W.  Lincoln,  Jr.,  John  Souther, 

Isaac  Livermore,  Caleb  Stetson, 

Otis  P.  Lord,  Charles  G.  Stevens, 

Samuel  K.  Lothrop,  Granville  Stevens, 

Samuel  P.  Loud,  Increase  Sumner, 

Seth  Miller,  Jr.,  Edmund  P.  Tileston, 

Samuel  Mixter,  Charles  R.  Train, 

George  Morey,  David  Turner, 

Jonathan  Nayson,  George  B.  Upton, 

Daniel  Noyes,  Samuel  B.  Walcott, 

Henry  K.  Oliver,  Samuel  Walker, 

Nathan  Orcutt,  Cyrus  Weeks, 

John  G.  Park,  William  F.  Wheeler, 

Adolphus  G.  Parker,  Benjamin  White, 

Joel  Parker,  Joel  Wilder, 

Jonathan  C.  Perkins,  John  H.  Wilkins, 

William  C.  Plunkett,  J.  B.  Williams, 

Jeremiah  Pomroy,  Milo  Wilson, 

James  Read,  Jonathan  B.  Winn, 

Sampson  Reed,  Josiah  B.  Woods. 

The  Resolve  on  the  subject  of  legal  remedies  to  the  representatives 
of  persons  killed  by  the  negligence  or  misconduct  of  railroad  corpo 
rations,  was,  on  motion  of  Mr.  DAVIS,  of  Plymouth, 

Laid  upon  the  table. 

The  Resolve  on  the  subject  of  the  law  martial,  was,  on  motion  of 
Mr.  CHURCHILL,  of  Milton,  by  a  vote  of  seventy-seven  in  the  affirma 
tive,  to  fifty-seven  in  the  negative, 

Laid  upon  the  table.  , 

Mr.  BIRD,  of  Walpole,  called  for  the  yeas  and  nays  upon  the  ques 
tion  of  laying  the  Resolve  upon  the  table ;  but  the  call  was  not  sus 
tained  by  one-fifth  of  the  members. 

On  motion  of  Mr.  SCHOULER,  of  Boston,  the  Orders  of  the  Day 
were  laid  upon  the  table  ; 

And  at  a  quarter  before  two  o'clock,  on  motion  of  Mr.  SCHOULER, 

The  Convention  adjourned. 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

Leave  of  absence  was  granted  to  Mr.  Huntington,  of  Becket,  for 
the  remainder  of  the  session. 


316  JOURNAL    OF    THE    CONVENTION.  [July  27th, 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Resolves  of  the  Special 
Committee  on  the  subject  of  Amendments  of  the  Constitution,  were 
taken  from  the  table. 

On  motion  of  Mr.  WILSON,  the  rule  requiring  them  to  be  consid 
ered  in  Committee  of  the  Whole,  was  suspended,  and  they  were 
placed  in  the  Orders  of  the  Day. 

On  motion  of  Mr.  PARKER,  of  Cambridge,  the  Resolve  on  the  sub 
ject  of  appropriations  for  sectarian  schools, 

And  the  Resolve  introduced  by  him  on  the  same  subject,  were 

Taken  from  the  table,  and  considered. 

On  motion  of  Mr.  PARKER,  the  Resolve  reported  by  the  committee 
was  amended,  by  substituting  the  Resolve  introduced  by  him  ;  and 
as  thus  amended,  the  Resolve  was  finally  passed,  as  follows : — 

Resolved,  That  all  moneys  raised  by  taxation  in  the  towns  and 
cities  for  the  support  of  Public  Schools,  and  all  moneys  which  may 
be  appropriated  by  the  State  for  the  support  of  Common  Schools, 
shall  be  applied  to  and  expended  in  no  other  schools  than  those  which 
are  conducted  according  to  law,  under  the  order  and  superintendence 
of  the  authorities  of  the  town  or  city  in  which  the  money  is  to  be 
expended ;  and  such  moneys  shall  never  be  appropriated  to  any  re 
ligious  sect  for  the  maintenance,  exclusively,  of  its  own  schools. 

Mr.  WHITE,  of  Quincy,  moved  a  reconsideration  of  the  vote  by 
which  the  Resolve  was  finally  passed ; 

And  the  motion  was  placed  in  the  Orders  of  the  Day  for  to-mor 
row. 

On  motion  of  Mr.  MORTON,  of  Taunton,  the  Committee  of  the 
Whole  were  discharged  from  the  consideration  of  the  Resolve  on  the 
mode  of  submitting  the  question  of  representation  to  the  people  ;  and 

The  rule  requiring  the  subject  to  be  considered  in  committee,  was 
suspended,  and  the  Resolve  was  specially  assigned  for  consideration 
on  Thursday,  at  ten  o'clock. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  Resolves  of  the  Committee  on  the  Bill 
of  Rights,  as  amended. 

Mr.  HALLETT,  member  for  Wilbraham,  moved  to  amend  the  second 
Resolve,  by  striking  from  the  article  proposed  to  be  inserted,  the 
words  which  were  adopted  as  an  amendment  at  a  former  stage  of  the 
Resolve,  viz. : — 

Said  writ  shall  be  granted  as  of  right,  in  all  cases  where  the  leg- 


1853.]  JOURNAL    OF    THE    CONVENTION.  317 

islature  shall  not  especially  confer  a  discretion  upon  the  court.  But 
the  legislature  may  prescribe  preliminary  proceedings  to  the  obtain 
ing  of  said  wriC 

A  division  of  the  Resolves  was  called  for,  and  the  question  was 
stated  to  be  upon  adopting  the  first  and  second  Resolves. 

On  motion  of  Mr.  ADAMS,  of  Lowell,  the  Previous  Question  was 
ordered. 

Mr.  WALES,  of  Randolph,  called  for  the  yeas  and  nays  upon  the 
amendment  of  Mr.  Hallett;  but  the  call  was  not  sustained  by  one- 
fifth  of  the  members  voting. 

The  amendment  was  then  rejected,  by  a  vote  of  thirty-seven  in  the 
affirmative,  to  one  hundred  and  seventy-six  in  the  negative. 

The  first  and  second  Resolves  were  then  finally  passed,  as  follow : 

Resolved,  That  the  Bill  of  Rights  be  amended  by  adding  to  the 
eleventh  article,  as  part  of  the  same,  the  following  words : — 

And  every  person  having  a  claim  against  the  Commonwealth, 
ought  to  have  a  judicial  remedy  therefor. 

Resolved,  That  the  Bill  of  Rights  be  amended  by  inserting,  be 
tween  the  eleventh  and  twelfth  articles,  the  following  additional 
article,  being  identical  with  one  now  in  another  chapter  of  the  Con 
stitution,  and  which  more  appropriately  belongs  to  the  Bill  of  Rights. 
viz. : — 

VII.  The  privilege  and  benefit  of  the  writ  of  habeas  corpus  shall 
be  enjoyed  in  this  Commonwealth  in  the  most  free,  easy,  cheap, 
expeditious  and  ample  manner,  and  shall  not  be  suspended  by  the 
legislature,  except  upon  the  most  urgent  and  pressing  occasions,  and 
for  a  limited  time,  not  exceeding  twelve  months.  Said  writ  shall  be 
granted  as  of  right,  in  all  cases  where  the  legislature  shall  not  es 
pecially  confer  a  discretion  upon  the  court.  But  the  legislature  may 
prescribe  preliminary  proceedings  to  the  obtaining  of  said  writ. 

The  third  Resolve  was  also  finally  passed,  as  follows  : — 

Resolved^  That  the  Bill  of  Rights  be  amended,  in  the  last  sentence 
of  the  twenty-ninth  article,  by  striking  out  the  words  "  so  long  as 
they  behave  themselves  well,  and  that  they,"  and  inserting  "by  ten 
ures  established  by  the  Constitution,  and ;"  also  by  striking  out  the 
words,  "  ascertained  and  established  by  standing  laws,"  and  inserting 
"  which  shall  not  be  diminished  during  their  continuance  in  office ;" 
so  that  the  whole  sentence,  as  amended,  shall  read  as  follows : — 

It  is,  therefore,  not  only  the  best  policy,  but  for  the  security  of  the 


318  JOURNAL    OF    THE    CONVENTION.  [July  27th, 

rights  of  the  people,  and  of  every  citizen,  that  the  judges  of  the 
supreme  judicial  court  should  hold  their  offices  by  tenures  established 
by  the  Constitution,  and  should  have  honorable  salaries,  which  shall 
not  be  diminished  during  their  continuance  in  office. 

The  question  being  upon  the  passage  of  the  fourth  Resolve,  which 
is  as  follows : — 

Resolved,  That  the  Bill  of  Rights  be  amended,  by  inserting  between 
the  twenty-ninth  and  thirtieth  article,  the  following  additional  article : 

This  enumeration  of  rights  shall  not  impair  others  retained  by 
the  people,  and  no  powers  shall  ever  be  assumed  by  the  legislature, 
that  are  not  granted  in  this  Constitution. 

Mr.  DAVIS,  of  Worcester,  moved  to  amend,  by  striking  out  after 
the  word  "  people." 

Mr.  MORTON,  of  Quincy,  moved  the  Previous  Question ;  which  was 
ordered. 

Mr.  BRIGGS,  of  Pittsfield,  called  for  the  yeas  and  nays  upon  the 
amendment ;  but  the  call  was  not  sustained  by  one-fifth  of  the  mem 
bers  voting. 

The  amendment  was  adopted,  by  a  vote  of  one  hundred  and  thir 
ty-five  in  the  affirmative,  to  sixty  in  the  negative. 

And  the  Resolve  was  then  rejected,  by  a  vote  of  one  hundred  and 
sixteen  in  the  affirmative,  to  one  hundred  and  eighteen  in  the  nega 
tive. 

The  question  being  upon  the  passage  of  the  fifth  Resolve, 

Mr.  MILLER,  of  Wareham,  called  for  the  yeas  and  nays ;  but  the 
call  was  not  sustained  by  one-fifth  of  the  members  voting. 

Mr.  LORD,  of  Salem,  moved  to  amend  the  amendment,  by  adding 
the  words,  "  or  upon  any  judgment  hereafter  recovered,  in  any  civil 
suit." 

Mr.  HUNTINGTON,  of  Northampton,  moved  to  amend,  by  inserting 
after  the  word  "  debt,"  the  words  "  hereafter  contracted." 

Mr.  DAVIS,  of  Plymouth,  moved  that  the  subject  be  laid  upon  the 
table. 

On  motion  of  Mr.  SCHOULER,  of  Boston,  the  yeas  and  nays  were 
ordered  upon  this  question. 

Afterwards,  on  motion  of  Mr.  KEYES,  member  for  Abington,  the 
vote  ordering  the  yeas  and  nays  was  reconsidered; 

And  the  question  recurring  upon  the  call  for  the  yeas  and  nays,  it 
was  not  sustained  by  one-fifth  of  the  members  voting. 

The  motion  of  Mr.  Davis  was  then  rejected. 


1853.] 


JOURNAL    OF    THE    CONVENTION.  319 


Mr.  BIRD,  of  "Walpole,  moved  the  Previous  Question ;  which  was 
ordered. 

Mr.  Lord's  amendment  was  then  rejected,  and 

Mr.  Huntington's  amendment  was  adopted. 

The  Resolve,  as  amended,  was  then  finally  passed,  as  follows  : — 

Resolved,  That  the  Bill  of  Rights  be  so  amended,  that  no  person 
shall  be  subjected  to  imprisonment  for  debt  hereafter  contracted  in 
this  Commonwealth,  founded  upon  any  contract,  express  or  implied, 
unless  in  cases  of  fraud. 

The  Resolves  of  the  special  committee  on  the  subject  of  amend 
ments  of  the  Constitution,  were  next  in  order. 

On  motion  of  Mr.  HALLETT,  member  for  "Wilbraham,  the  first  Re 
solve  was  amended,  by  striking  out  the  words,  "  in  the  newspapers  in 
which  the  laws  are  then  published,"  in  the  twelfth  and  thirteenth  lines, 
(printed  copy,)  and  by  inserting  the  word  "  officially  "  before  the  word 
"  publish  "  in  the  twelfth  line. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving,  the  first  Resolve 
was  further  amended,  by  striking  out  the  word  "  and  "  in  the  twenty- 
second  line,  and  by  inserting  after  the  word  "  cities"  in  the  same  line, 
the  words  "  and  districts ;"  and  also  by  inserting,  after  the  word 
"  elect "  in  the  line  succeeding,  the  words  "  in  any  year  of  that  decen 
nial  period ;"  also  by  substituting  the  word  "  Wednesday "  for  the 
word  "  Monday,"  in  the  line  next  following. 

Mr.  LORD,  of  Salem,  moved  further  to  amend  the  first  Resolve,  by 
inserting  after  the  word  "  affirmative,"  in  the  fifteenth  line,  the  words, 
"and  such  majority  shall  be  at  least  equal  to  one-half  of  the  votes 
given  for  governor  at  such  election. 

Mr.  BATES,  of  Plymouth,  moved  the  Previous  Question. 

On  motion  of  Mr.  LORD,  of  Salem,  the  yeas  and  nays  were  ordered 
upon  this  motion. 

Mr.  GARDNER,  of  Boston,  moved  an  adjournment,  but  the  motion 
was  rejected,  by  a  vote  of  sixty-six  in  the  affirmative,  to  ninety  in  the 
negative. 

The  question  was  stated  on  the  demand  for  the  Previous  Question, 

And  the  roll  being  called,  one  hundred  and  six  members  voted  in 
the  affirmative,  and  thirty-three  in  the  negative. 

So  the  Previous  Question  was  ordered. 

Those  who  voted  in  the  affirmative  are  : — 

Messrs.  Parsons  Allen,  Messrs.  George  Austin, 

Josiah  Allis,  Hillel  Baker, 

D.  W.  Alvord,  Alpheus  Bancroft, 


320 


JOURNAL    OF    THE    CONVENTION. 


[July  27th, 


Messrs.  Moses  Bates,  Jr., 
John  Beal, 

William  Bennett,  Jr., 
Francis  W.  Bird, 
George  S.  Boutwell, 
Hiram  N.  Breed, 
Hammond  Brown, 
Hiram  C.  Brown, 
Joseph  Brownell, 
Patrick  Bryant, 
Cephas  C.  Bumpus, 
Isaac  Case, 
J.  McKean  Churchill, 
Hansom  Clark, 
Salah  Clark, 
Sumner  Cole, 
Charles  G.  Davis, 
Isaac  Davis, 
Gilman  Day, 
Silas  Dean, 
Augustus  Denton, 
Samuel  Duncan, 
Philip  Eames, 
Peter  Easland, 
James  Easton,  2d, 
Calvin  D.  Eaton, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
Lyman  Fisk, 
Charles  A.  French, 
Richard  Frothingham,  Jr., 
Luther  Gale, 
Henry  J.  Gardner, 
Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Charles  G.  Giles, 
Jason  Goulding, 
Jabez  Greeft, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Benjamin  F.  Hallett, 
Lymaii  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
George  Hood, 


Messrs.  Martin  Howard, 

Abraham  H.  Howland, 
Henry  K.  Hoyt, 
George  H.  Huntington, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
John  Jacobs, 
Jefferson  Knight, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Alden  Leland, 
Justin  E.  Loomis, 
Simeon  Merritt, 
James  L.  Monroe, 
Elbridge  G.  Morton, 
William  S.  Morton, 
Hiram  Nash, 
Charles  Newman, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
John  Partridge, 
John  Pemiiman, 
Charles  Phelps, 
Henry  Pierce, 
Robert  Rantoul, 
Silas  Rawson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
David  S.  Ross, 
James  C.  Royce, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Charles  G.  Stevens, 
Granville  Stevens, 
Gideon  Stdes, 
Charles  Sumner, 
Increase  Sumner, 
Alanson  Swain, 
Charles  Thompson, 
Horatio  W.  Tilton, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Gershom  B.  Weston, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Charles  C.  Wood, 
Otis  Wood. 


1853.]  JOURNAL    OF    THE    CONVENTION.  321 

Those  who  voted  in  the  negative  are  : — 

Messrs.  Benjamin  P.  Adams,  Messrs.  Samuel  Houghton, 

Robert  Andrews,  John  Jenkins, 

Sidney  Bartlett,  Giles  C.  Kellogg, 

Ebenezer  Bradbury,  Isaac  Kendall, 

William  J.  A.  Bradford,  Joseph  Knight, 

Francis  Brinley,  Frederic  W.  Lincoln,  Jr., 

George  N.  Briggs,  Otis  P.  Lord, 

Asahel  Buck,  Seth  Miller,  Jr., 

Rufus  Bullock,  Samuel  Mixter, 

Timothy  W.  Carter,  George  Morey, 

Nathaniel  Cogswell,  William  C.  Plunkett, 

Charles  E.  Cook,  Jeremiah  Pomroy, 

Elijah  S.  Deming,  Jonathan  Preston, 

Homer  Ely,  Chester  Sikes, 

Joel  Giles,  Perez  Simmons, 

Nathan  Hale,  Benjamin  White. 
Charles  Heard, 

Mr.  Lord's  amendment  was  then  rejected, 

And  the  Resolves  were  ordered  to  a  second  reading. 

At  seven  o'clock,  on  motion  of  Mr.  EAMES,  of  Washington, 

The  Convention  adjourned. 


THURSDAY,  July  28,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap- 
Iain.  The  Journal  of  yesterday  was  read. 

Mr.  WHEELER,  of  Lincoln,  moved  a  reconsideration  of  the  vote  by 
which  the  Resolve  on  the  subject  of  imprisonment  for  debt  was  final 
ly  passed. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  rule  of  the  Convention 
was  suspended,  and  the  motion  was  placed  at  the  foot  of  the  calen 
dar,  in  the  Orders  of  the  Day  for  to-day. 

On  motion  of  Mr.  WILSON,  the  Convention  proceeded  to  the  con 
sideration  of  the  Orders  of  the  Day. 

The  first  subject,  viz. :  the  motion  of  Mr.  White,  of  Quincy,  to 
reconsider  the  vote  on  the  final  passage  of  the  Resolve  on  the  subject 
of  appropriations  for  sectarian  schools,  was  passed  over. 

The  Resolve  reported  by  the  minority  of  the  Committee  on  the 
Bill  of  Rights,  on  the  subject  of  the  right  of  the  jury  to  judge  of  the 
law,  &c.,  was  next  in  order. 

Mr.  HUNTING  TON,  of  Northampton,  moved  to  amend  the  Resolve, 
by  the  addition  of  the  following  words  : — 

21 


322 


JOURNAL    OF    THE    CONVENTION. 


[July  28lb, 


But  it  shall  be  the  duty  of  the  court  to  superintend  the  course  of 
the  trial,  to  decide  upon  the  admission  and  rejection  of  evidence,  and 
upon  all  questions  of  law  raised  during  the  trial,  and  upon  all  collat 
eral  and  incidental  proceedings,  and  also  to  allow  bills  of  exceptions,. 
and  the  court  may  grant  a  new  trial  in  case  of  conviction. 

Mr»  DAY,  of  Templeton,  moved  the  Previous  Question* 

Mr.  DANA,  member  for  Manchester,  moved  that  the  Resolve  be  laid 
npon  the  table. 

On  motion  of  Mr.  EARLE,  of  Worcester,  the  yeas  and  nays  were 
ordered  upon  this  question?. 

And  the  roll  being  called,  one  hundred  and  fifty-four  members  voted 
in  the  affirmative,  and  one  hundred  and  eighty-two  in  the  neg 
ative. 

So  the  motion  to  lay  upon  the  table  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich,, 
Joel  C.  Allen, 
Parsons  Allen,. 
Jfohn  B.  Alley, 
Robert  Andrews, 
"William  Aspinwall^ 
David  €).  At  woods,. 
Samuel  Ayres, 
George  S.  Ballr 
Joseph  Barro-ws^ 
Russel  Bartlett, 
Sidney  Bartlett, 
Eliakim  A.  Bates, 
Luther  V.  Belf, 
William  Bennett,  Jr,? 
Jacob  Bigelow, 
Gad  O.  Bliss, 
Ebenezer  Bradbury, 
William  J.  A.  Bradfoad^, 
Milton  P.  Braman, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Asahel  Buck, 
Rufus  Bullock, 
Cephas  C.  BumpuSj, 
Timothy  W.  Carter, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Daniel  E.  Chapin, 
Josiah  Childsy 
Jacob  Coggin, 
Nathaniel  Cogswell, 


Messrs.  Lansing  J,  Cole, 
Ithamar  Conkey, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland., 
Simeon  Crittenden, 
George  W.  Crockett, 
Leander  Crosby, 


Wilber  Cujtis, 
Edehard  H.  Dana,  J 
Solomon  Davis, 
Henry  L.  Dawes* 
Elijah  S.  Deming, 
Hiram  S.  Denison^, 
Mose&  Dorman^ 
Philip  Eamesr 
Lilley  Eaton, 
Samuel  Edwards^ 
Honier  EJy, 
William  T.  Eustris,, 
A.  G.  Farwell, 
Sullivan  Fay, 
Aaron  Foster, 
Samuel  Fowle, 
Samuel  P.  Fowlerr 
Charles  H.  French,. 
Luther  Gale, 
Henry  J.  Gardner,. 
Wanton  C.  Gilbert, 
Joel  Giles, 
Robert  Gould, 
Dalton  G  oulding,, 
Jason  Gouldingp 
John  C. 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


323 


Messrs.  Artemas  Hale, 

A.  B.  Hammond, 
Phineas  Harmon, 
George  Haskell, 
Elnathan  P.  Hathsway, 
George  Hayward, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
George  S.  Hillard, 
William  Hinsdale, 
Aaron  Hobart, 
Edwin  Hobbs, 
Thomas  Hopkinson, 
Samuel  Houghton, 
Abraham  H.  Howlandt 
WiUiam  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Henry  W.  Kinsman, 
Joseph  Knight, 
Charles  L.  Knowlton, 
George  H.  Kuhn, 
John  S.  Ladd, 
Tristram  Littlefield, 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Theophilus  R.  Marvins 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Elbridge  G.  Morton, 
Marcus  Morton, 


Messrs.  Daniel  Noyes, 
Nathan  Orcutt, 
John  G.  Park, 
Adolphus  G.  Parker, 
Thomas  A.  Parsons 
George  Peabody, 
Jonathan  C.  Perkins, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
John  A.  Putnam, 
James  Read, 
Sampson  Reed, 
Julius  Rockwell, 
George  R.  Sampson^ 
Chester  Sanderson, 
John  Sargent, 
William  Schouler, 
Chester  Sikes, 
John  S.  Sleeper, 
Matthew  Smith, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 
Granville  Stevens, 
Increase  Sumner, 
Thomas  Talbot, 
Edmund  P.  Tileston, 
Charles  R.  Train, 
David  Turner, 
Charles  W.  Upham, 
Samuel  B.  Walcott, 
Frederick  T.  Wallace, 
Samuel  Walker, 
Cyrus  Weeks, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Benjamin  White, 
Joseph  Wilbur, 
Joel  Wilder, 
John  H.  Wilkins, 
Milo  Wilson, 
Jonathan  B.  Winn, 
Josiah  B.  Woods. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Josiah  G.  Abbott, 
Shubael  P.  Adams, 
James  B.  Allen, 
Josiah  Allis, 
D.  W.  Alvord, 
George  Austin, 
Hillel  Baker, 


Messrs.  Moses  Bates,  Jr., 
John  Beal, 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
George  S.  Boutwell, 
Sewell  Boutwell, 


324 


JOURNAL   OF    THE    CONTENTION. 


[July  28th, 


Messrs.  Hiram  N.  Breed, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Alpheus  li.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Frederick  Browuell, 
Joseph  Brownell, 
Patrick  Bryant, 
Anson  Burlingame, 
William  Carruthers, 
Isaac  Case, 
Henry  Clark, 
Hansom  Clark, 
Salah  Clark, 
Alpheus  B.  Clarke, 
Stillman  Clarke, 
William  Cleverly, 
Sunnier  Cole, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Charle,  G.  Davis, 
Ebenezer  Davis, 
Robert  T.  Davis, 
Gilman  Day, 
Silas  Dean, 
Augustus  Denton, 
Bradish  Dunham, 
John  M.  Earle, 
James  Easton,  2d, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Joseph  M.  Ely, 
James  K.  Fellows, 
Lyman  Fisk, 
Abram  Foster, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Richard  Frothingham,  Jr. 
Johnson  Gardner, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 


Messrs.  Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
William  Haskins, 
Stephen  E.  Hawkes, 
Isaac  Hay  den, 
Charles  C.  Hazewell, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Henry  Hobart, 
George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Charles  P.  Huntington, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
John  Johnson, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
William  II.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Alden  Leland, 
Justin  E.  Loomis, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Joseph  B.  Morss, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
William  Nichols, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


325 


Messrs.  Jonathan  Parris, 
John  Partridge, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Daniel  A.  Perking 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Henry  Pierce, 
James  M.  Pool,, 
Peter  Powers, 
Robert  Rantoul, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 
John  Sherril, 
Perez  Simmons, 
John  W.  Simonds, 
Samuel  W.  Spooney 
Melzar  Sprague, 
Eben  H.  Stacy, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 


Messrs.  Gideon  Stiles, 

Alfred  L.  Strong, 
Charles  Sumner, 
Alanson  Swain, 
Arnold  Taft, 
Joseph  Thayer, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Charles  Thompson, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
Orison  Underwood, 
Joel  Viles, 
George  A.  Vinton, 
Freeland.  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr.t 
Asa  H.  Waters, 
Gershom  B.  Weston, 
George  White, 
Daniel  S.  Whitney, 
Daniel  Wilbur, 
Henry  Williams, 
J.  B.  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Charles  C.  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


The  demand  for  the  Previous  Question  was  sustained. 
Mr.  Huntington's  amendment  was  then  agreed  to, 
And  the  Resolve  was  finally  passed,  as  follows : — 
That   there  should  be  added  to  the   15th   Article  of  the  Bill  of 
Rights  the  following  clause : — 

In  all  trials  for  criminal  offences,  the  jury,  after  having  received  the 
instruction  of  the  court,  shall  have  the  right,  in  their  verdict  of  guilty 
or  not  guilty,  to  determine  the  law  and  the  facts  of  the  case.  But  it 
shall  be  the  duty  of  the  court  to  superintend^ the  course  of  the  trial,  to 
decide  upon  the  admission  and  rejection  of  evidence,  and  upon  all 
questions  of  law  raised  during  the  trial,  and  upon  all  collateral  and 
incidental  proceedings,  and  also  to  allow  bills  of  exceptions,  and  the 
court  may  grant  a  new  trial  in  case  of  conviction. 

The  Resolves  on  the  subject  of  future  amendments  of  the  Consti 
tution,  were  next  in  order. 

Mr.  JENKINS,  of  Falmouth,  moved  to  amend  the  first  Resolve,  by 


326  JOURNAL  or  THE  CONTENTION.  [July  28th, 

striking  out  all  after  the  word  "  ensuing "  in  the  eighteenth  line, 
(printed  copy,)  and  inserting  instead  thereof,  the  following : — 

The  qualified  voters  of  each  senatorial  district  in  the  Common 
wealth  shall  elect,  in  the  same  manner  as  they  shall  elect  senators  to 
the  general  court, delegates. 

Mr.  BRADFORD,  of  Essex,  moved  to  amend  the  amendment,  by 
striking  out  all  after  the  word  "  chosen  "  in  the  nineteenth  line,  as  far 
as,  and  including,  the  word  "  elect "  in  the  twenty-third  line,  and  insert 
ing  instead  thereof,  the  following : — 

In  the  same  manner  as  the  senators  shall  by  law  be  chosen,  in  the 

proportion  of to  each  senator,  to  be  elected  by  general  ticket  in 

each  senatorial  district,  unless  before  that  time  the  State  shall  be  by 
law  divided  into  single  districts  for  that  purpose,  or  for  the  election 
of  Representatives ;  in  which  case  one  delegate  shall  be  chosen  for 
each  district  thus  constituted. 

Mr.  Bradford's  amendment  was  rejected. 

JENKINS  afterwards  modified  his  amendment,  as  follows : — 

Insert  after  the  word  "  and  "  at  the  end  of  the  eighteenth  line,  the 
following :  "  the  legal  voters  of  each  senatorial  district  shall,  by  gen 
eral  ticket,  in  the  manner  then  provided  by  law  for  the  election  of 
senators,  choose delegates." 

On  motion  of  Mr.  JENKINS,  the  yeas  and  nays  were  ordered  upon 
this  amendment. 

On  motion  of  Mr.  ALVORD,  member  for  Montague,  the  Orders  of 
the  Day  were  laid  upon  the  table. 

The  same  gentleman  moved,  that  debate  on  the  subject  of  amend 
ments  of  the  Constitution  close  at  a  quarter  past  one  o'clock. 

On  motion  of  Mr.  ASPINWALL,  of  Brookline,  the  yeas  and  nays 
were  ordered  upon  this  motion. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving,  Mr.  Alvordrs 
motion  was  laid  upon  the  table, 

And  then,  on  motion  of  Mr.  GRISWOLD,  sustained  by  a  vote  of  one 
hundred  and  six  in  the  affirmative,  to  ninety-nine  in  the  negative,  it 
was 

Ordered,  That  the  session  be  extended  until  eight  o'clock  this 
evening. 

The  motion  of  Mr.  Alvord  was  then  taken  from  the  table  and  con 
sidered. 


i85  a.] 


JOURNAL  OF    THE    CONVENTION. 


327 


And  the  roll  being  called,  one  hundred  and  sixty-seven  members 

in  the  affirmative,  and  ninety-six  in  the  negative. 
So  it  was  adopted. 
Those  who  voted  in  the  affirmative  are  : — 


Josiah  G.  Abbott, 
Shubael  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
John  B.  Alley, 
D.  W.  Alvord, 
Hillel  Baker, 
George  S.  Ball, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Moses  Bates,  Jr., 
William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
William  S.  Booth, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Joseph  Brownell, 
Patrick  Bryant, 
Anson  Burlingame, 
Henry  Cady, 
William  Carruthers, 
Isaac  Case, 
Daniel  E.  Chapin, 
J.  McKean  Churchill, 
Henry  Clark, 
Ransom  Clark, 
Salah  Clark, 
Sumner  Cole, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Charles  G.  Davis, 
Isaac  Davis, 
Robert  T.  Davis, 
Silas  Dean, 
William  Dehon, 
Augustus  Denton, 
Samuel  Duncan, 


Messrs.  Bradish  Dunham, 
Philip  Eames, 
John  M.  Earle, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Aaron  Foster,, 
Abram  Foster, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French^ 
Samuel  French, 
Richard  Frothiiagham,  Jr. 
Luther  Gale, 
Washington  Gilbert, 
€harles  G.  Giles, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Whiting  Griswold, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
'Seth  Hapgood, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
€harles  C.  Hazewell, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Henry  Hobart, 
Edwin  Hobbs, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  P.  Huntington, 
George  H.  Huntington, 
AbijahM.  Ide,  Jr., 
Isaac  Kendall, 
Edward  L.  Keyes, 
Joseph  Kimball, 


328 


JOURNAL    OF    THE    CONVENTION. 


[July  28th, 


Messrs.  Jefferson  Knight, 

J.  S.  C.  Knowlton, 
William  H.  Knowltonj, 
Albert  Knox, 
G  ardner  P.  Ladd, 
Luther  Lawrence, 
Justin  E.  Loomisj. 
Charles  Mason, 
Simeon  Merritt, 
Samuel  Mixter, 
James  L.  Monroes,. 
James  M.  Moore, 
Elbridge  G.  Morton., 
Marcus  Morton,  Jr.,. 
Hiram  Nash, 
Jonathan  Naysori, 
William  Nichols, 
Andrew  T.  Nute, 
Benjamin  S.  Orne,. 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Jonathan  Parris, 
John  Partridge, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Charles  Phelps, 
Henry  Pierce, 
James  M.  Pool, 
Peter  Powers, 
Robert  Rantoulj, 
Silas  Rawsoii, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 


Messrs.  Elkanah  Ring,  Jr., 
John  Rogers, 
James  C.  Royce, 
Amasa  Sanderson, 
John  Sherril, 
John  W.  Simonds, 
Matthew  Smith, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Joseph  L.  Stevens,  Ji. 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Isaac  C.  Taber, 
Arnold  Taft, 
Willard  Thayer,  2ds, 
John  W.  Thomas, 
Abraham  Tiiton, 
Horatio  W.  Tiiton, 
David  P.  Turner, 
Joel  Yiles, 
George  A.  Vinton, 
Frederick  T.  Wallace-, 
Freeland  Wallis, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Daniel  Wilbur, 
Henry  Wilson, 
Willard  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Benjamin  P.  Adams, 
P,  Emory  Aldrich, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
Sidney  Bartlett, 
John  Beal, 
Luther  V.  Bell, 
Jacob  Bigelow, 
Ebenezer  Bradbury, 
William  J.  A.  Bradford, 
Milton  P.  Braman, 
Osmyn  Brewster, 


Francis  Brinley, 
George  N.  Briggs, 
Frederick  Brownell, 
Timothy  W.  Carter, 
Chester  W.  Chapin, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
Leander  Crosby, 
Seth  Crowell, 
Wilber  Curtis, 
John  Davis, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


329 


Messrs.  Solomon  Davis, 
Henry  L.  Dawes, 
Hiram  S.  Denison, 
Lilley  Eaton, 
Homer  Ely, 
Samuel  P.  Fowler, 
Henry  J.  Gardner, 
"Wanton  C.  Gilbert, 
Joel  Giles, 
Robert  Gould, 
Jason  Goulding, 
John  C.  Gray, 
Artemas  Hale, 
George  Haskell, 
Elnathan  P.  Hathaway, 
George  Hayward, 
Charles  Heard, 
Henry  Hersey, 
George  S.  Hillard, 
William  Hinsdale, 
Thomas  Hopkinson, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Giles  C.  Kellogg, 
Henry  W.  Kinsman, 
Joseph  Knight, 
Job  G.  Lawton,  Jr., 
Frederic  W.  Lincoln,  Jr., 
Otis  P.  Lord, 


Messrs.  Samuel  P.  Loud, 
John  A.  Lowell, 
Seth  Miller,  Jr., 
George  Morey, 
Marcus  Morton, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
John  G.  Park, 
Adolphus  G.  Parker, 
Joel  Parker, 
Samuel  I).  Parker, 
George  Peabody, 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Noah  C.  Perkins, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
James  Read, 
Sampson  Reed, 
John  Sargent, 
William  Schouler, 
Thomas  Talbot, 
Charles  Thompson, 
Edmund  P.  Tileston, 
Charles  R.  Train, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Samuel  Walker, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Benjamin  White, 
John  H.  Wilkins, 
Henry  Williams. 


The  Orders  of  the  Day  were  then  taken  from  the  table, 

And  the  question  being  upon  the  amendment  offered  by  Mr.  Jen 
kins, 

The  roll  was  called,  and  ninety  members  voted  in  the  affirmative, 
and  one  hundred  and  sixty-three  in  the  negative. 

So  the  amendment  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 


Messrs.  P.  Emory  Aldrich, 
Robert  Andrews, 
David  C.  Atwood, 
Joseph  Barrows, 
Sidney  Bartlett, 
Jacob  Bigelow, 
Ebenezer  Bradbury, 
Milton  P.  Brarnan, 


Messrs.  Asa  Bronson, 

Frederick  Brownell, 
Timothy  W.  Carter, 
Nathaniel  Cogswell, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
Leander  Crosby, 
Seth  Crowell, 


330 


JOURNAL   OF   THE    CONVENTION. 


[July  28th, 


Messrs.  Wilber  Curtis, 

Charles  G.  Davis, 
Solomon  Davis, 
Henry  L.  Dawes, 
Hiram  S.  Denison, 
Moses  Dorman, 
Lilley  Eaton, 
Homer  Ely, 
Emery  Fiske, 
Samuel  P.  Fowler, 
Richard  Frothingham,  Jr., 
Henry  J.  Gardner, 
Wanton  C.  Gilbert, 
Joel  Giles, 
Robert  Gould, 
John  C.  Gray, 
Artemas  Hale, 
Nathan  Hale, 
George  Haskell, 
Elnathan  P.  Hathaway, 
Charles  Heard, 
Henry  Hersey, 
George  S.  Hillard, 
William  Hinsdale, 
Foster  Hooper, 
Thomas  Hopkinson, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 
Samuel  A.  Hurlburt, 

Samuel  Jackson, 
William  James, 
John  Jenkins, 

Giles  C.  Kellogg, 
Henry  W.  Kinsman, 

George  H.  Kuhn, 

John  S.  Ladd, 


Messrs.  Job  G.  Lawton,  Jr., 

Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
John  A.  Lowell, 
Seth  Miller,  Jr., 
George  Morey, 
Marcus  Morton, 
Daniel  Noyes, 
Henry  K.  Oliver, 
Benjamin  S.  Orne, 
John  G.  Park, 
Samuel  D.  Parker, 
George  Peabody, 
Daniel  A.  Perkins, 
William  C.  Plunkett, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
John  Sargent, 
Charles  G.  Stevens, 
Thomas  Talbot, 
Charles  Thompson, 
Edmund  P.  Tileston, 
Charles  R.  Train, 
Charles  W.  Upharn, 
George  B.  Upton, 
Bradford  L.  Wales, 
Samuel  Walker, 
Cyrus  Weeks, 
Thomas  Wetmore, 
William  F.  Wheeler, 
John  H.  Wilkins, 
Henry  Williams, 
Milo  Wilson. 


Those  who  voted  in  the  negative  are  : — 


Josiah  G.  Abbott, 
Shubael  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
D.  W.  Alvord, 
Hillel  Baker, 
George  S.  Ball, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
Moses  Bates,  Jr., 


Messrs.  William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
William  S.  Booth, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Francis  Brinley, 
George  N.  Briggs, 
Artemas  Brown, 
Joseph  Brownell, 
Patrick  Bryant, 
Henry  Cady, 


1853.] 


JOURNAL   OF    THE    CONVENTION. 


331 


Messrs.  Isaac  Case, 

Daniel  E.  Chapin, 
J.  McKean  Churchill, 
Henry  Clark, 
Ransom  Clark, 
Salah  Clark, 
Stillman  Clarke, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  N.  Cutler, 
Isaac  Davis, 
Silas  Dean, 
Augustus  Denton, 
B  radish  Dunham, 
Philip  Eames, 
John  M.  Earle, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Aaron  Foster, 
Abram  Foster, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Luther  Gale, 
Charles  G.  Giles, 
Leonard  Gooding, 
Dalton  Goulding, 
John  W.  Graves, 
Jabez  Green, 
Josiah  "W.  Griswold, 
Whiting  Griswold, 
Benjamin  F.  Hallett, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Henry  Hobart, 
Edwin  Hobbs, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  P.  Huntington, 


Messrs.  George  H.  Huntington, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Isaac  Kendall, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Jefferson  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Luther  Lawrence, 
Alden  Leland, 
Abishai  Lincoln, 
Justin  E.  Loomis, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
Hiram  Nash, 
Jonathan  Nayson, 
William  Nichols, 
Andrew  T.  Nute, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Jonathan  Parris, 
John  Partridge, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Jesse  Perkins, 
Noah  C.  Perkins, 
Charles  Phelps, 
Henry  Pierce, 
Jeremiah  Pomroy, 
James  M.  Pool, 
Peter  Powers, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 
John  Sherril, 


332                                 JOURNAL    OF   THE    CONVENTION.  [July  28th, 

Messrs.  John  W.  Simonds,  Messrs.  Freeland  Wallis, 

Matthew  Smith,  Andrew  H.  Ward, 

Samuel  "VV.  Spooner,  Samuel  Warner,  Jr., 

Eben  H.  Stacy,  Benjamin  White, 

William  Stevens,  George  White, 

Gideon  Stiles,  Daniel  S.  Whitney, 

Arnold  Taft,  James  S.  Whitney, 

Willard  Thayer,  2d,  Henry  Wilson, 

John  W.  Tbcmss,  Willard  Wilson, 

Abraham  Tilton,  Levi  M.  Winslow, 

Horatio  W.  Tilton,  Charles  C.  Wood, 

David  Turner,  Otis  Wood, 

David  P.  Turner,  William  H.  Wood, 

Joel  Viles,  Josiah  B.  Woods, 

George  A.  Vinton,  Ezekiel  Wright. 
Frederick  T.  Wallace, 

At  ten  minutes  past  two  o'clock,  the  Convention  adjourned. 


AFTERNOON     SESSION. 

Met  according  to  adjournment. 

The  result  of  the  vote  upon  Mr.  Jenkins's  amendment,  was  an 
nounced. 

The  Convention  resumed  the  consideration  of  the  unfinished  busi 
ness  of  the  morning  session,  viz. :  the  Resolves  on  the  subject  of 
future  amendments  of  the  Constitution. 

Mr.  HOOPER,  of  Fall  River,  moved  to  amend  the  first  Resolve  by 
substituting  the  words  "one  thousand  eight  hundred  and  seventy-six," 
instead  of  "  one  thousand  eight  hundred  and  seventy-three  ;  "  but  the 
amendment  was  rejected. 

Mr.  LoRD,(of  Salem,  moved  to  amend  the  first  Resolve  by  inserting, 
after  the  word  "  affirmative"  in  the  thirteenth  line,  the  words  "and 
such  majority  shall  be  equal  to  two-fifths  of  the  votes  given  for  gov 
ernor  at  such  election  ;  "  but  the  amendment  was  rejected,  by  a  vote 
of  thirty  in  the  affirmative,  to  one  hundred  and  thirty-six  in  the  neg 
ative. 

Mr.  ALVORD,  member  for  Montague,  moved  to  amend  by  striking 
out  the  last  Resolve,  which  is  as  follows  : — 

Resolved,  The  foregoing  provisions  shall  in  no  wise  restrain  or 
impair  the  reserved  right  of  the  people,  in  their  sovereign  capacity, 
and  by  such  mode  of  proceeding  as  shall  fully  and  fairly  collect  and 
ascertain  the  will  of  the  majority,  at  all  times,  to  reform,  alter,  or 
totally  change  their  Constitution  and  Frame  of  Government. 


1853.]  JOURNAL    OF    THE    CONVENTION.  333 

But  the  motion  was  rejected,  by  a  vote  of  twenty-five  in  the  affirm 
ative,  to  one  hundred  and  forty-three  in  the  negative. 

Mr.  GILES,  of  Boston,  moved  to  amend,  by  striking  out  the  words 
"  and  by  such  mode  of  proceeding  as  shall  fully  and  fairly  collect  and 
ascertain  the  will  of  the  majority,"  and  inserting  instead  thereof,  the 
words,  "  according  to  their  will  legally  expressed." 

But  the  amendment  was  rejected. 

Mr.  LORD,  of  Salem,  moved  to  amend  the  first  Resolve,  by  inserting 
after  the  word  "  affirmative,"  in  the  thirteenth  line,  the  words  "  and 
such  majority  shall  be  equal  to  one-third  of  the  votes  given  for  gov 
ernor  at  such  election  ;  "  but  the  amendment  was  rejected. 

The  first  and  second  Resolves  were  then  finally  passed,  without  a 
division. 

And  the  third  Resolve  was  passed,  by  a  vote  of  one  hundred  and 
forty-two  in  the  affirmative,  to  sixty-four  in  the  negative. 

Mr.  SCHOULER,  of  Boston,  moved  a  reconsideration  of  the  vote  ;  and 
the  rule  was  suspended,  and  the  motion  immediately  considered. 

After  debate,  Mr.  KINGMAN,  of  West  Bridgewater,  moved  the  Pre 
vious  Question  ;  which  was  ordered. 

And  the  motion  to  reconsider  was  agreed  to,  by  a  vote  of  one  hun 
dred  and  ninety-five  in  the  affirmative,  to  thirty-three  in  the  negative. 
•  Mr.  ALLEN,  of  Worcester,  moved  a  reconsideration  of' the  vote  by 
which  the  motion  of  Mr.  Alvord,  member  for  Montague,  to  strike  out 
the  third  Resolve,  was  rejected. 

After  debate,  Mr.  WHITNEY,  of  Boylston,  moved  the  Previous  Ques 
tion  ;  which  was  ordered. 

And  the  motion  to  reconsider  prevailed. 

The  question  recurring  on  the  motion  to  strike  out  the  third  Re 
solve, 

Mr.  HALLETT,  member  for  WTilbraham,  moved  to  amend  the  Resolve 
by  striking  out  the  words,  "  and  by  such  mode  of  proceeding  as  shall 
fully  arid  fairly  collect  and  ascertain  the  will  of  the  majority." 

Mr.  BIRD,  of  Wralpole,  moved  the  Previous  Question ;  which  was 
ordered. 

Mr.  Hallett's  amendment  was  then  adopted,  by  a  vote  of  one  hun 
dred  and  fifty-nine  in  the  affirmative,  to  fifty-eight  in  the  negative. 

The  question  recurring  upon  the  motion  to  strike  out  the  third  Re 
solve,  it  was  agreed  to  by  a  vote  of  one  hundred  and  fifty-eight  in  the 
affirmative,  to  eighty-nine  in  the  negative. 

Mr.  HUBBARD,  of  Boston,  called  for  a  division  of  the  questions. 

On  motion  of  Mr.  LORD,  of  Salem,  the  yeas  and  nays  were  ordered 
upon  the  passage  of  the  first  and  second  Resolves. 


334:  JOURNAL   OF    THE    CONVENTION.  [July  28th, 

It  was  here  stated,  that  the  motion  of  Mr.  Schouler  to  reconsider 
embraced  only  the  third  Resolve  ;  and  the  Chair  considered  this  to 
be  the  state  of  the  question. 

So  the  first  and  second  Resolves  remained  finally  passed,  as  follow: 

1.  Resolved,  That  it  is  expedient  to  provide  in  the  Constitution 
that— 

A  Convention  to  revise  or  amend  this  Constitution,  may  be  called 
and  held  in  the^following  manner :  At  the  general  election  in  the  year 
1873,  and  in  each  twentieth  year  thereafter,  the  qualified  voters  in 
State  elections  shall  give  in  their  votes  upon  the  question,  "  Shall 
there  be  a  Convention  to  revise  the  Constitution  ?"  which  votes  shall 
be  received,  counted,  recorded  and  declared,  in  the  same  manner  as 
in  the  election  of  governor ;  and  a  copy  of  the  record  thereof,  shall, 
within  one  month,  be  returned  to  the  office  of  the  Secretary  of  State, 
who  shall,  thereupon,  examine  the  same,  and  shall  officially  publish 
the  number  of  yeas  and  nays  given  upon  said  question,  in  each  town 
and  city,  and  if  a  majority  of  said  votes  shall  be  in  the  affirmative,  it 
shall  be  deemed  and  taken  to  be  the  will  of  the  people  that  a  Con 
vention  should  meet  accordingly ;  and  thereafter,  on  the  first  Monday 
of  March  ensuing,  meetings  shall  be  held,  and  delegates  shall  be 
chosen,  in  all  the  towns,  cities,  and  districts  in  the  Commonwealth,  in 
the  manner  and  number  then  provided  by  law  for  the  election  of  the 
largest  number  of  representatives,  which  the  towns,  cities  and  dis 
tricts  shall  then  be  entitled  to  elect  in  any  year  of  that  decennial 
period.  And  such  delegates  shall  meet  in  Convention  at  the  State 
House  on  the  first  Wednesday  of  May  next  ensuing,  and  when 
organized,  shall  have  all  the  powers  necessary  to  execute  the  purpose 
for  which  such  Convention  was  called ;  and  may  establish  the  com 
pensation  of  its  officers  and  members,  and  the  expense  of  its  session, 
for  which  the  Governor,  with  the  advice  and  consent  of  the  Council, 
shall  draw  his  warrant  on  the  treasury.  And  if  such  alterations  and 
amendments  as  shall  be  proposed  by  the  Convention,  shall  be  adopted 
by  the  people  voting  thereon  in  such  manner  as  the  Convention  shall 
direct,  the  Constitution  shall  be  deemed  and  taken  to  be  altered  or 
amended  accordingly.  And  it  shall  be  the  duty  of  the  proper  officers 
and  persons  in  authority,  to  perform  all  acts  necessary  to  carry  into 
effect  the  foregoing  provisions. 

2.  Resolved,  That  whenever    towns  or  cities  containing  not  less 
than  one-third  of  the  qualified  voters  of  the  Commonwealth,  shall  at 
any  meeting  for  the  election  of  State  officers,  request  that  a  Conven 
tion  be  called  to  revise  the   Constitution,  it  shall  be  the  duty  of  the 
legislature,  at  its  next  session,  to  pass  an  act  for  the  calling  of  the 


1853.]  JOURNAL    OF    THE    CONVENTION.  335 

same,  and  submit  the  question  to  the  qualified  voters  of  the  Com 
monwealth,  whether  a  Convention  shall  be  called  accordingly :  Pro- 
vided,  that  nothing  herein  contained  shall  impair  the  power  of  the 
legislature  to  take  action  for  calling  a  Convention,  without  such 
request,  as  heretofore  practised  in  this  Commonwealth. 

On  motion  of  Mr.  WILSON,  of  Natick,J;he  Orders  of  the  Day  were 
laid  upon  the  table. 

Mr.  MORTON,  of  Taunton,  from  the  Committee  on  the  Judiciary, 
submitted  a  series  of  Resolves. 

Laid  upon  the  table,  and  ordered  to  be  printed. 

On  motion  of  Mr.  WILSON,  the  motion  of  Mr.  Bird,  of  Walpole. 
to  reconsider  the  vote  by  which  the  Resolves  on  the  subject  of  elec 
tions  by  plurality  and  majority,  were  finally  passed,  was  taken  from 
the  table,  and  considered. 

And  the  motion  to  reconsider  was  rejected,  by  a  vote  of  one  hun 
dred  and  twelve  in  the  affirmative,  to  one  hundred  and  eighteen  in 
the  negative. 

After  the  vote  had  been  declared,  its  correctness  was  doubted  by 
several  members ;  but  upon  a  re-examination  of  the  returns  of  the 
Monitors,  the  President  announced  the  result  to  be  correct. 

Another  count  was  called  for,  but  the  President  remarked  that  it 
could  only  be  taken  by  unanimous  consent. 

Objections  were  made,  and  then  Mr.  DAVIS,  of  Plymouth,  called 
for  the  yeas  and  nays  upon  the  question, 

And  the  Chair  decided  that  the  motion  was  in  order. 

Mr.  STEVENSON,  of  Boston,  appealed  from  the  decision  of  the  chair. 

On  motion  of  Mr.  LORD,  of  Salem,  the  yeas  and  nays  were  ordered 
upon  the  question  of  the  appeal. 

Mr.  WILSON,  of  Natick,  moved  that  the  appeal  be  laid  upon  the 
table. 

Mr.  GRAY,  of  Boston,  raised  the  question  whether  it  was  compe 
tent  to  lay  an  appeal  upon  the  table, 

And  the  President  decided  that  the  motion  was  in  order. 

On  motion  of  Mr.  GRAY,  the  yeas  and  nays  were  ordered  upon  the 
motion  that  the  appeal  be  laid  upon  the  table. 

The  motion,  to  lay  upon  the  table,  was  then  withdrawn. 

Mr.  WATERS,  of  Millbury,  moved  the  Previous  Question;  which 
was  ordered. 

And  the  question  being  stated,  "  shall  the  decision  of  the  Chair 
stand  ?" 

The  roll  was  called,  and  one  hundred  and  sixty-eight  members 
voted  in  the  affirmative,  and  sixty-two  in  the  negative. 


336 


JOURNAL   OF    THE    CONTENTION. 


[July  28th, 


So  the  decision  of  the  Chair  stood  as  the  decision  of  the  Conven 
tion. 

Those  who  voted  in  the  affirmative  are: — 


Messrs.  Josiah  G.  Abbott, 

Benjamin  P.  Adams, 
Shubael  P.  Adams, 
James  B.  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
John  B.  Alley, 
Josiah  Allis, 
D.  W.  Alvord, 
George  Austin, 
Hillel  Baker, 
George  S.  Ball, 
Alpheus  Bancroft, 
Moses  Bates,  Jr., 
William  Bennett,  Jr., 
Zephaniah.  Bennett, 
Francis  W.  Bird, 
William  S.  Booth, 
George  S.  Boutwell, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Adolphus  F.  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Patrick  Bryant, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
Henry  Cady, 
William  Carruthers, 
Isaac  Case, 
Chester  W.  Chapin, 
Josiah  Childs, 
J.  McKean  Churchill, 
Alpheus  B.  Clarke, 
William  Cleverly, 
Sumner  Cole, 
Henry  F.  Cooledge, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Richard  II.  Dana,  Jr., 
Charles  G.  Davis, 
Robert  T.  Davis, 
Silas  Dean, 
Elijah  S.  Deming, 
Augustus  Denton, 


Messrs.  Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
James  Easton,  2d, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Richard  Frothingham,  Jr., 
Luther  Gale, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Joel  Giles, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Lyman  W.  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Stephen  E.  Hawkes, 
Ezra  Heath,  2d, 
James  Hewes, 
Henry  Hobart, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
George  H.  Huntington, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Isaac  Kendall, 
Joseph  Kingman, 


1853. 


JOURNAL   OF    THE    CONVENTION. 


337 


Messrs.  Hiram  Knight, 

Charles  L.  Knowlton, 
"William  H.  Knowlton, 
Albert  Knox, 
Wilber  C.  Langdon, 
Job  G.  Lawton,  Jr., 
Otis  Little, 
Justin  E.  Loomis, 
Abijah  P.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
"William  Nichols, 
Andrew  T.  Nute, 
Charles  Osgood, 
E.  "Wing  Packer, 
Benjamin  Paine, 
Adolphus  G.  Parker, 
Jonathan  Parris, 
John  Partridge, 
John  Penniman, 
Daniel  A.  Perkins, 
Charles  Phelps, 
Sylvanus  B.  Phinney, 
Henry  Pierce, 
Jeremiah  Pomroy, 
Silas  Rawson, 
Luther  Richards, 
Samuel  H.  Richardson, 


Messrs.  Elkanah  Ring,  Jr., 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
John  Sherril, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Granville  Stevens, 
William  Stevens, 
Alfred  L.  Strong, 
Increase  Sumner, 
Alaiison  Swain, 
Charles  Thompson, 
Horatio  W.  Tilton, 
David  P.  Turner, 
William  Tyler, 
Frederick  T.  Wallace, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
George  White, 
James  S.  Whitney, 
J.  B.  Williams, 
Henry  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Otis  Wood, 
William  H.  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are : — 


Messrs.  P.  Emory  Aldrich, 
Robert  Andrews, 
William  Aspinwall, 
Samuel  Ayres, 
Russel  Bartlett, 
Sidney  Bartlett, 
Ebenezer  Bradbury, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Nathaniel  Cogswell, 
Ithamar  Conkey, 
Wilber  Curtis, 
Henry  L.  Dawes, 
Homer  Ely, 
22 


Messrs.  Henry  J.  Gardner, 
Wanton  C.  Gilbert, 
Jason  Goulding, 
John  C.  Gray, 
Artemas  Hale, 
Nathan  Hale, 
Benjamin  F.  Hallett, 
Seth  Hapgood, 
Charles  Heard, 
Samuel  Henry, 
George  S.  Hillard, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Asahel  Huntington, 


338                                 JOURNAL  OF    THE    CONVENTION.                       [July  28th, 

Messrs.  Samud  A.  Hurlburt,  Messrs.  James  W.  Paige, 

John  Jenkins,  Samuel  D.  Parker, 

Giles  C.  Kellogg,  William  C.  Plunkett, 

Henry  \V.  Kinsman,  Jonathan  Preston, 

J.  S.  C.  Knowlton,  Julius  Rockwell, 

Frederic  "W.  Lincoln,  Jr.,  "William  Schouler, 

Isaac  Livermore,  J.  Thomas  Stevenson, 

Otis  P.  Lord,  Gideon  Stiles, 

Samuel  K.  Lothrop,  Charles  R.  Train, 

Samuel  P.  Loud,  Charles  W.  Upham, 

Theophilus  R.  Marvin,  George  B.  Upton, 

Seth  Miller,  Jr.,  Samuel  B.  Walcott, 

Samuel  Mixter,  Cyrus  Weeks, 

George  Morey,  Ezra  Wilkinson, 

Henry  K.  Oliver^  Milo  Wilson, 

Nathan  Orcutt,  Josiah  B.  Woods. 

The  question  then  being  upon  the  motion  to  reconsider  the  vote 
upon  the  final  passage  of  the  Resolves, 

The  roll  was  called,  and  one  hundred  and  thirty-seven  members 

voted  in  the  affirmative,  and  forty-eight  in  the  negative. 

So  the  motion  to  reconsider  was  agreed  to. 

Those  who  voted  in  the  affirmative  are  : — 

Messrs.  Benjamin  P.  Adams,  Messrs.  Isaac  Case, 

Shubael  P.  Adams,  Chester  W.  Chapin, 

P.  Emory  Aldrich,  Josiah  Childs, 

James  B.  Allen,  J.  McKeaii  Churchill, 

Parsons  Allen,  Salah  Clark, 

D.  W.  Alvord,  Alpheus  B.  Clarke, 

Alpheus  Bancroft,  William  Cleverly, 

Moses  Bates,  Jr.,  Lansing  J.  Cole, 

John  Beal,  Thomas  Cushman, 

Zephaniah  Bennett,  Richard  H.  Dana,  Jr.,, 

Jacob  Bigelow,  Charles  G.  Davis, 

Francis  W.  Bird,  Elijah  S.  Deming, 

George  S.  Boutwell,  Samuel  Duncan, 

Ebenezer  Bradbury,  Bradish  Dunham, 

Hiram  N.  Breed,  Philip  Eames, 

Francis  Brinley,  John  M.  Earle,. 

George  N.  Briggs,  Peter  Easland, 

Adolphus  F.  Brown,  James  Easton,  2d, 

Hammond  Brown,  Elisha  Edwards, 

Hiram  C.  Brown,  Samuel  Edwards, 

Frederick  BrownelL  Joseph  M.  Ely, 

Joseph  Brownell,  Homer  Ely, 

Patrick  Bryant,  James  K.  Fellows, 

Rufus  Bullock,  Abram  Foster^ 

Anson  Burlingame,  James  M.  Freeman, 

Benjamin  F.  Butler,  Charles  A.  French, 

Henry  Cady,  Rodney  French, 

William  Carruthers,  Richard  Frothingham,  Jr.,, 


1853. 


JOURNAL    OF    THE    CONVENTION. 


339 


Luther  Gale, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Joel  Giles, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Nathan  Hale, 
Benjamin  F.  Hallett, 
Lyinan  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
Stephen  E.  Hawkes, 
Ezra  Heath,  2d, 
James  Hewes, 
George  S.  Hillard, 
Henry  Hobart, 
George  Hood, 
Abraham  H.  Rowland, 
William  J.  Hubbard, 
William  Hunt, 
Giles  C.  Kellogg, 
Isaac  Kendall, 
Joseph  Kingman, 
Hiram  Knight, 
Joseph  Knight, 
Charles  L.  Knowlton, 
J.  S.  C.  Knowlton, 
Wilber  C.  Langdon, 
Otis  Little, 
Isaac  Livermore, 
Justin  E.  Loomis, 
Samuel  K.  Lothrop, 
Abijah  P.  Marvin, 
Theophilus  R.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
George  Morey, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 


Messrs.  William  S.  Morton, 
Jonathan  Nayson, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Charles  Osgood, 
Adolphus  G.  Parker, 
Samuel  D.  Parker, 
Jonathan  Parris, 
John  Partridge, 
Silvanus  B.  Phinney, 
Jeremiah  Pomroy, 
Luther  Richards, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
David  S.  Ross, 
Amasa  Sanderson, 
William  Schouler, 
Perez  Simmons, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Charles  G.  Stevens, 
J.  Thomas  Stevenson, 
Alfred  L.  Strong, 
Alanson  Swain, 
Charles  R.  Train, 
William  Tyler, 
Orison  Underwood, 
George  B.  Upton, 
Amasa  Walker, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
Benjamin  White, 
James  S.  Whitney, 
Ezra  Wilkinson, 
Henry  Wilson, 
Charles  C.  Wood, 


Those  who  voted  in  the  negative  are  :• — 


Messrs.  Joel  C.  Allen, 
John  B.  Alley, 
Josiah  Allis, 
Hillel  Baker, 
Russel  Bartlett, 
William  S.  Booth, 
Sewell  Boutwell, 
Asahel  Buck, 
Cephas  C.  Bumpus, 


Messrs.  Ransom  Clark, 

Simeon  Crittenden, 
Silas  Dean, 
Augustus  Denton, 
Calvin  D.  Eaton, 
Sullivan  Fay, 
Samuel  French, 
Henry  J.  Gardner, 
Washington  Gilbert, 


340  JOURNAL  OF  THE  CONVENTION. 


[July  28th, 


Messrs.  Charles  G.  Giles,  Messrs.  Daniel  A.  Perkins, 

Jabez  Green,  Henry  Pierce, 

Artemas  Hale,  Silas  Rawson, 

William  Haskins,  David  Rice, 

Elnathan  P.  Hathaway,  James  C.  Royce, 

William  Hinsdale,  John  Sherril, 

Henry  K.  Hoyt,  John  W.  Simonds, 

John  Jenkins,  Gideon  Stiles, 

William  H.  Knowlton,  Charles  Thompson, 

Albert  Knox,  Horatio  W.  Tilton, 

Gardner  P.  Ladd,  David  P.  Turner, 

Job  G.  Lawton,  Jr.,  Frederick  T.  Wallace,, 

Laban  Marcy,  Erceland  Wallis, 

Seth  Miller,  Jr.,  Joel  Wilder, 

John  Penniman,  Levi  M.  Winslcw. 

Mr.  BIRD,  of  Walpole,  moved  an  amendment  to  the  first  Resolve, 

Mr.  SCHOULER,  of  Boston,  moved  an  amendment  to  the  amend 
ment  ;  which  was  accepted  by  Mr.  Bird. 

Mr.  DAVIS,  of  Plymouth,  moved  another  amendment 

Afterwards,  Mr.  BIRD  modified  his  amendment,  so  as  to  read  as 
follows : — 

Insert  after  the  word  "  Commonwealth  "  in  the  fourth  line,  (printed 
copy,)  the  words  "  until  otherwise  provided  by  law,  but  no  such  law 
providing  that  the  Governor,  Lieutenant- Govern  or,  Secretary,  Treas 
urer,  Auditor,  Attorney- General  and  Representatives  to  the  General 
Court,  or  either  of  them,  shall  be  elected  by  plurality  instead  of  a 
majority  of  votes  given  in,  shall  take  effect  until  one  year  after  its  pas 
sage  ;  and  if  at  any  time  after  the  enactment  of  any  such  law,  and  the 
same  shall  have  taken  effect,  such  law  shall  be  repealed,  such  repeal 
shall  not  become  a  law  until  one  year  after  the  passage  of  the  repeal 
ing  act ;  and  in  default  of  any  such  law,  if  at  any  election  of  either 
of  the  above-named  officers,  except  the  Representatives  to  the  Gen 
eral  Court;" 

Also,  strike  out  the  words  "  provided,  that  if  at  any  election  of 
either  of  the  above-named  officers." 

Mr.  BIRD  also  moved  to  amend  the  fourth  Resolve,  by  striking  out 
all  after  the  word  "  Resolved,"  and  inserting  the  following : — 

That  in  the  election  of  all  city  or  town  officers,  such  rule  of  elec 
tion  shall  govern  as  the  legislature  may  by  law  prescribe. 

Mr.  ALVORD,  member  for  Montague,  moved  the  Previous  Question. 

Mr.  GARDNER,  of  Boston,  called  for  the  yeas  and  nays  upon  this 
motion  ;  and  they  were  ordered. 

Mr.  LORD,  of  Salem,  moved  an  adjournment;  which  motion  was 
declared  rejected. 


1853.] 


JOURNAL   OF   THE   CONVENTION. 


341 


On  motion  of  Mr.  LORD,  the  yeas  and  nays  were  then  ordered  upon 
the  question  of  adjournment. 

And  the  roll  being  called,  fifty-six  members  voted  in  the  affirmative, 
and  one  hundred  and  forty-four  in  the  negative. 

So  the  motion  to  adjourn  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Robert  Andrews, 
William  Aspinwall, 
Joseph  Barrows, 
Luther  V.  Bell, 
Gad  0.  Bliss, 
Ebenezer  Bradbury, 
Francis  Brinley, 
Asahel  Buck, 
Nathaniel  Cogswell, 
Ithamar  Conkey, 
Simeon  Crittenden, 
Leander  Crosby, 
Seth  Crowell, 
Solomon  Davis, 
Henry  L.  Dawes, 
Hiram  S.  Denison, 
Elisha  Edwards, 
William  T.  Eustis, 
Henry  J.  Gardner, 
Wanton  C. -Gilbert, 
Jason  Goulding, 
John  C.  Gray, 
Artemas  Hale, 
Nathan  Hale, 
Phineas  Harmon, 
George  S.  Hillard, 


Messrs.  William  Hinsdale, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
William  James, 
John  Jenkins, 
Giles  C.  Kellogg, 
Frederic  W.  Lincoln,  Jr., 
Isaac  Livermore, 
Otis  P.  Lord, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
George  Morey, 
Daniel  Noyes, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Samuel  D.  Parker, 
Daniel  A.  Perkins, 
William  C.  Plunkett, 
John  Sherril, 
J.  Thomas  Stevenson, 
Charles  Thompson, 
Charles  R.  Train, 
Cyrus  Weeks, 
Benjamin  White, 
Joel  Wilder, 
Ezra  Wilkinson, 
Milo  Wilson. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Shubael  P.  Adams, 
James  B.Allen, 
Parsons  Allen, 
Josiah  Allis, 
D.  W.  Alvord, 
George  Austin, 
Hillel  Baker, 
George  S.  Ball, 
Alpheus  Bancroft, 
Moses  Bates,  Jr., 
John  Beal, 

William  Bennett,  Jr., 
Francis  W.  Bird, 
William  S.  Booth, 


Messrs.  George  S.  Boutwell, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Adolphus  F.  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Joseph  Brownell, 
Patrick  Bryant, 
Cephas  C.  Bumpus, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
Henry  Cady, 
William  Carruthers, 
Isaac  Case, 


342 


JOURNAL   OF   THE    CONVENTION. 


[July  28tb5 


Messrs,  Chester  W.  Chapin, 
J.  McKean  ChurchiU, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
Sumner  Cole, 
Thomas  Cushman, 
Richard  H.  Dana,  Jr., 
Charles  G.  Davis, 
Robert  T.  Davis, 
Gilman  Day, 
Silas  Dean, 
Elijah  S.  Demingj, 
Augustus  Denton, 
John  M.  Earle, 
Peter  Easland, 
James  Easton,  2d, 
Calvin  D.  Eaton, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Pay, 
James  K.  Fellows, 
Lyman  Pisk, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
"Washington  Gilbert, 
Charles  G.  Giles, 
Jabez  Green, 
William  B.  Greene, 
Josiah  "VV.  Griswold, 
Whiting  Griswold, 
Benjamin  F.  Hallett, 
A.  B.  Hammond, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
Elnathan  P.  Hathaway, 
Ezra  Heath,  2d, 
James  Hewes, 
.  Levi  Heywood, 
Henry  Hobart, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
George  H.  Huntington, 
Samuel  A.  Hurlburt, 
Abijah  M.  Ide,  Jr., 
Isaac  Kendall, 
Joseph  Kingman, 
J.  S.  C.  Knowlton, 


Messrs.  William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Otis  Little, 
Justin  E.  Loomis, 
Laban  Marcy, 
Abijah  P.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
Elbridge  G.  Morton, 
Marcus  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Charles  Osgood, 
E.  Wing  Packer, 
Jonathan  Parris, 
John  Partridge, 
John  Penniman, 
Charles  Phelps, 
Silvanus  B.  Phinney, 
Henry  Pierce, 
Silas  Rawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Samuel  H.  Richardson, 
Joseph  M.  Rock  wood, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 
William  Schouler, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Charles  G.  Stevens, 
Granville  Stevens, 
Alfred  L.  Strong, 
Charles  Sumner, 
Alanson  Swain, 
Joseph  Thayer, 
Horatio  W.  Tilton, 
David  Turner, 
David  P.  Turner, 
William  Tyler, 
George  B.  Upton, 
Frederick  T.  WaUace, 


1853.]  JOURNAL   OF    THE    CONTENTION.  343 

Messrs.  Freeland  Wallis,  Messrs.  James  S.  Whitney, 
Andrew  H.  Ward,  Henry  Wilson, 

Samuel  Warner,  Jr.,  Charles  C.  Wood, 

Asa  H.  Waters,  Otis  Wood, 

Gershom  B.  Weston,  William  H.  Wood. 

At  eight  o'clock,  Mr.  HALE,  of  Bridgewater,  raised  the  question, 
whether,  under  the  rule,  adopted  in  the  morning  session,  on  motion  of 
Mr.  Griswold,  the  Convention  was  not  under  the  necessity  of  adjourn 
ing  at  eight  o'clock. 

The  President,  (Mr.  Wilson,  of  Natick,  in  the  chair,)  decided,  that 
by  the  terms  of  that  vote  he  was  not  authorized  to  declare  the  Con 
vention  adjourned  at  that  time. 

Mr.  SCHOULER,  of  Boston,  appealed  from  this  decision. 

Mr.  LORD,  of  Salem,  moved  an  adjournment ;  but  the  motion  was 
rejected,  by  a  vote  of  sixty-eight  in  the  affirmative,  to  one  hundred 
and  thirteen  in  the  negative. 

The  question  being  upon  the  appeal  taken  by  Mr.  Schouler,  it  was 
not  sustained  by  the  Convention. 

So  the  decision  of  the  Chair  stood  as  the  judgment  of  the  Conven 
tion. 

Mr.  ALVORD  then  withdrew  his  motion  for  the  Previous  Question. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  Orders  of  the  Day  were 
laid  upon  the  table. 

Mr.  BUTLER  then  moved  that  debate  upon  the  pending  question 
cease  at  ten  o'clock ;  but  afterwards  withdrew  the  motion. 

On  motion  of  Mr.  WALKER,  of  North  Brookfield,  the  Orders  of  the 
Day  were  again  taken  up. 

Mr.  WEEKS,  of  Harwich,  called  for  the  yeas  and  nays  upon  the 
amendment  of  Mr.  Bird  to  the  first  Resolve ; 

But  the  motion  was  not  sustained  by  one-fifth  of  the  members 
voting. 

Mr.  Bird's  amendment  to  the  first  Resolve  was  then  adopted,  by  a 
vote  of  seventy-seven  in  the  affirmative,  to  sixty-two  in  the  negative. 

Mr.  ELY,  of  Westfield,  moved  an  adjournment;  but  the  motion 
was  rejected. 

Mr.  Bird's  amendment  to  the  fourth  Resolve  was  then  adopted. 

The  first  and  fourth  Resolves,  as  amended,  were  then,  on  motion  of 
Mr.  BUTLER,  of  Lowell,  passed  over,  and  it  was 

Ordered,  That  the  question  upon  their  final  passage  be  taken  at 
ten  o'clock  on  Friday,  without  debate. 

The  second,  third,  fifth  and  sixth  Resolves  were  then  finally  passed, 
as  follow  : — 


344  JOURNAL   OF    THE    CONVENTION.  [July  29th, 

Resolved,  That  in  all  elections  of  senators  and  councillors,  the  per 
son  having  the  highest  number  of  votes  shall  be  elected. 

Resolved,  That  it  is  expedient  so  to  amend  the  Constitution  as  to 
provide,  that  a  majority  of  votes  shall  be  necessary  for  the  election  of 
representatives  to  the  general  court,  until  otherwise  provided  by  law. 

Resolved^  That  in  the  election  of  all  county  and  district  officers, 
the  person  having  the  highest  number  of  votes  shall  be  elected. 

Resolved^  That  in  all  elections  where  the  person  having  the  highest 
number  of  votes,  may  be  elected,  and  there  is  a  failure  of  election 
because  two  persons  have  an  equal  number  of  votes,  subsequent  trials 
may  be  had,  at  such  times  as  may  be  prescribed  by  the  legislature. 

On  motion  of  Mr.  LORD,  of  Salem,  the  first  and  fourth  Resolves, 
as  amended,  were  ordered  to  be  printed. 

Mr,  BATES,  of  Plymouth,  from  the  Committee  on  Reporting  and 
Printing,  submitted  two  Reports  on  that  subject. 

Placed  in  the  Orders  of  the  Day  for  Friday. 

At  twenty  minutes  before  one  o'clock  A.  M.  on  Friday, 

On  motion  of  Mr.  OLIVER,  of  Lawrence, 

The  Convention  adjourned. 


FRIDAY,  July  29,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  yesterday  was  read. 

Leave  of  absence  for  the  remainder  of  the  session,  was  granted  to 
Mr.  Crowell,  of  Dennis,  on  account  of  the  illness  of  his  son. 

Mr.  LIVERMORE,  of  Cambridge,  offered  the  following  Order : — 

Ordered)  That  the  pay  of  members  for  attendance  and  travel,  be 
made  up  by  the  Committee  on  the  Pay  Roll,  including  Monday,  the 
first  day  of  August  next. 

On  motion  of  Mr.  BATES,  of  Plymouth,  the  Order  was  amended 
by  the  addition  of  the  following  words : — 

And  no  member  shall  be  entitled  to  pay  beyond  that  time. 

The  Order  was  then  adopted. 

The  special  assignment  for  Thursday  at  ten  o'clock,  viz. :  the  Re 
solves  offered  by  Mr.  Morton,  of  Taunton,  upon  the  mode  of  sub 
mitting  the  question  of  representation  to  the  people,  was  taken  up. 


1853.] 


JOURNAL   OF  THE   CONVENTION.  345 


After  debate,  the  Resolves  were  laid  upon  the  table. 

The  special  assignment  for  this  day,  at  ten  o'clock,  viz. :  the  first 
and  fourth  Resolves  on  the  subject  of  elections  by  plurality,  was  taken 
up. 

Mr.  TRAIN,  of  Framingham,  moved  to  amend  the  first  Resolve,  by 
striking  out  the  word  "  majority  "  in  the  second  line,  and  inserting 
instead  thereof,  the  word  "  plurality,"  and  by  striking  out  the  word 
"  all "  in  the  same  line. 

But  the  motion  was  rejected,  by  a  vote  of  one  hundred  and  twenty 
in  the  affirmative,  to  one  hundred  and  sixty-four  in  the  negative. 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  yeas  and  nays  were 
ordered  upon  the  final  passage  of  the  Resolves. 

And  the  Roll  being  called,  one  hundred  and  eighty-five  members 
voted  in  the  affirmative,  and  one  hundred  and  fifty-nine  in  the  negative. 

So  the  Resolves  were  finally  passed,  as  follow : — 

1.  Resolved,  That  it  is  expedient  to  provide  in  the  Constitution, 
that  a  majority  of  all  the  votes  given  shall  be  necessary  to  the  election 
of  a  Governor,  Lieutenant- Governor,  Secretary,  Treasurer,  Auditor, 
and  Attorney- General  of  the  Commonwealth,  until  otherwise  pro 
vided  by  law,  but  no  such  law  providing  that  the  Governor,  Lieuten- 
ant-Governor,  Secretary,  Treasurer,  Auditor,  Attorney- General,  and 
Representatives  to  the  General  Court,  or  either  of  them,  shall  be 
elected  by  plurality,  instead  of  a  majority  of  votes  given  in,  shall  take 
effect  until  one  year  after  its  passage ;  and  if  at  any  time  after  the 
enactment  of  any  such  law,  and  the  same  shall  have  taken  effect, 
such  law  shall  be  repealed,  such  repeal  shall  not  become  a  law  until 
one  year  after  the  passage  of  the  repealing  act ;  and  in  default  of  any 
such  law,  if  at  any  election  of  either  of  the  above-named  officers, 
except  the  Representatives  to  the  General  Court,  no  person  shall  have 
a  majority  'of  the  votes  given,  the  House  of  Representatives  shall,  by 
a  majority  of  viva  voce  votes,  elect  two  out  of  three  persons  who  had 
the  highest,  if  so  many  shall  have  been  voted  for,  and  return  the  per 
sons  so  elected  to  the  Senate,  from  which  the  Senate  shall,  by  viva 
voce  vote,  elect  one  who  shall  be  Governor. 

4.  Resolved,  That  in  the  election  of  all  city  or  town  officers,  such 
rule  of  election  shall  govern  as  the  legislature  may  by  law  prescribe, 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Josiah  G.  Abbott,  Messrs.  George  Austin, 
Shubael  P.  Adams,  Hillel  Baker, 

James  B.  Allen,  Marcus  Barrett, 

Josiah  Allis,  Eliakim  A.  Bates, 

D.  W.  Alvord,  Moses  Bates,  Jr., 


346 


JOURNAL    OF    THE    CONVENTION. 


[July  29th, 


Messrs.  John  Beal, 

Zephaniah  Bennett, 
Edward  B.  Bigelow, 
Francis  W.  Bird, 
Gad  O.  Bliss, 
William  S.  Booth, 
Geoige  S.  Boutwell, 
Sewell  Boutwell, 
"William  J.  A.  Bradford, 
Hiram  N.  Breed, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Patrick  Bryant, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
Henry  Cady, 
"William  Carruthers, 
Isaac  Case, 
Daniel  E.  Chapin, 
Henry  Chapin, 
Josiah  Childs, 
J.  McKeaii  Churchill, 
Henry  Clark, 
Salah  Clark, 
Stillman  Clarke, 
William  Cleverly, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr., 
Charles  G.  Davis, 
Isaac  Davis, 
Robert  T.  Davis, 
Gilman  Day, 
Elijah  S.  Deming, 
Augustus  Denton, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
Elisha  Edwards, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 


Messrs.  Emery  Fiske, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Luther  Gale, 
Charles  G.  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
Jabez  Green, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Lyman  W.  Hapgood, 
Seth  Hapgood, 
William  Haskins, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Henry  Hobart, 
Nathaniel  Holder, 
George  Hood, 
Foster  Hooper, 
Martin  Howard, 
Charles  E.  Hunt, 
Charles  P.  Huntington, 
George  H.  Huntington, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
John  Johnson, 
Isaac  Kendall, 
Joseph  Kimball, 
Hiram  Knight, 
Jefferson  Knight, 
Charles  L.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Wilber  C.  Langdon, 
Luther  Lawrence, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Abishai  Lincoln, 
Otis  Little, 
Tristram  Littlefield, 
Justin  E.  Loomis, 
William  P.  Marble, 


1853.] 


JOURNAL   OF    THE    CONVENTION. 


347 


,  Laban  Marcy, 
Abijah  P.  Marvin, 
Simeon  Merritt, 
James  M.  Moore, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
William  Nichols, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
John  Partridge, 
Nathaniel  Peabody, 
John  Penniman, 
Noah  C.  Perkins, 
Charles  Phelps, 
Silvan  us  B.  Phinney, 
James  M.  Pool, 
John  A.  Putnam, 
Robert  Rantoul, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
Joseph  M.  Rockwood, 
John  Rogers, 
David  S.  Ross, 
Amasa  Sanderson, 


Messrs.  Chester  Sanderson, 
Perez  Simmons, 
John  W.  Simonds, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Joseph  L.  Stevens,  Jr., 
William  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Joseph  Thayer, 
Willard  Thayer,  2d, 
Abraham  Tilton, 
David  P.  Turner, 
William  Tyler, 
Orison  Underwood, 
George  A.  Vinton, 
Amasa  Walker, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Daniel  Wilbur, 
Joseph  Wilbur, 
J.  B.  Williams, 
Henry  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Charles  Allen, 
Joel  C.  Allen, 
Parsons  Allen, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  At  wood, 
Samuel  Ay  res, 
George  S.  Ball, 
Alpheus  Bancroft, 
Joseph  Barrows, 
Russel  Bartlett, 
Sidney  Bartlett, 
James  M.  Beebe, 


Messrs.  Luther  V.  Bell, 

William  Bennett,  Jr., 
Jacob  Bigelow, 
Ebenezer  Bradbury, 
Osmyn  Brewster, 
Prancis  Brinley, 
George  N.  Briggs, 
Asahel  Buck, 
Rufus  Bullock, 
Cephas  C.  Bumpus, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Ransom  Clark, 
Alpheus  B.  Clarke, 
Jacob  Coggin, 


348 


JOURNAL   OF   THE    CONVENTION. 


[July  29th, 


Messrs.  Lansing  J.  Cole, 
Sumner  Cole, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
Simeon  Crittenden, 
George  W.  Crockett, 
Leander  Crosby, 
Ebenezer  Davis, 
John  Davis, 
Solomon  Davis, 
Henry  L.  Dawes, 
Silas  Dean, 
William  Dehon, 
Hiram.S.  Denison, 
James  C.  Doane, 
Moses  Dorrnan, 
Lilley  Eaton, 
Homer  Ely, 
A.  G.  Farwell, 
Samuel  P.  Fowler, 
Charles  H.  French, 
Richard  Frothingham,  Jr., 
Henry  J.  Gardner, 
Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Washington  Gilbert, 
Joel  Giles, 
Bobert  Gould, 
Dalton  Goulding, 
Jason  Goulding, 
John  C.  Gray, 
Artemas  Hale, 
Nathan  Hale, 
Benjamin  F.  Hallett, 
A.  B.  Hammond, 
Phineas  Harmon, 
Elnathan  P.  Hathaway, 
George  Hayward, 
Charles  C.  Haze  well, 
Charles  Heard, 
Samuel  Henry, 
Henry  Hersey, 
Levi  Hey  wood, 
William  Hinsdale, 
Aaron  Hobart, 
Thomas  Hopkinson, 
Samuel  Houghton, 
Abraham  II.  Howland, 
Henry  K.  Hoyt, 
William  Hunt, 


Messrs.  Asahel  Huntington, 
Samuel  A.  Hurlburt, 
William  James, 
John  Jenkins, 
Giles  C.  Kellogg, 
Henry  W.  Kinsman, 
Joseph  Knight, 
J.  S.  C.  Kiiowlton, 
George  H.  Kuhn, 
Gardner  P.  Ladd, 
Frederic  W.  Lincoln,  Jr. 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Theophilus  R.  Marvin, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
James  L.  Munroe, 
George  Morey, 
Joseph  B.  Morss, 
Marcus  Morton, 
Daniel  Noyes, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
John  G.  Park, 
Adolphus  G.  Parker, 
Jeremiah  Pease,  Jr., 
Daniel  A.  Perkins, 
Jesse  Perkins, 
Henry  Pierce, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
Silas  Rawson, 
James  Read, 
Sampson  Reed, 
David  Rice, 
Julius  Rockwell, 
James  C.  Royce, 
John  Sargent, 
William  Schouler, 
John  Sherril, 
Chester  Sikes, 
John  S.  Sleeper, 
Matthew  Smith, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 
Granville  Stevens, 
Increase  Sumner, 
Arnold  Taft, 
John  W.  Thomas, 


1853.]  JOURNAL   OF   THE    CONVENTION.  349 

Messrs.  Charles  Thompson,  Messrs.  Samuel  Walker, 

Edmund  P.  Tileston,  Cyrus  Weeks, 

Horatio  W.  Tilton,  Thomas  Wetmore, 

Charles  R.  Train,  William  F.  Wheeler, 

David  Turner,  Benjamin  White, 

Charles  W.  Upham,  Joel  Wilder, 

George  B.  Upton,  Ezra  Wilkinson, 

Joel  Viles,  Henry  Williams, 

Samuel  B.  Walcott,  Milo  Wilson, 

Bradford  L.  Wales,  Willard  Wilson, 

Frederick  T.  Wallace,  Josiah  B.  Woods. 
Freeland  Wallis, 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  resumed  the 
consideration  of  the  Resolves  introduced  by  Mr.  Morton,  of  Taunton, 
on  the  subject  of  the  mode  of  submitting  the  question  of  representa 
tion  to  the  people. 

After  debate,  on  motion  of  Mr.  FAY,  of  Southborough,  the  Re 
solves  were  laid  upon  the  table. 

Mr.  FAY  then  submitted  a  Report  from  the  Committee  on  Leave  of 
Absence,  granting  leave  of  absence,  for  the  remainder  of  the  session, 
to  the  following  members,  viz. : — 

Messrs.  Marble,  of  Charlton,  Hoyt  of  Deerfield,  Knowlton,  of  Hoi- 
den,  Warner,  of  Stockbridge,  Marcy,  of  Greenwich,  Atwood,  of  East- 
ham,  Cady,  of  Monson,  Tilton,  of  Chilmark,  Allen,  of  Brimfield, 
Swain,  of  Nantucket,  Easton,  of  Nantucket,  Turner,  of  South  Had- 
ley,  and  Hapgood,  of  Athol. 

The  Report  was  considered  and  accepted,  and  leave  of  absence 
granted. 

At  two  o'clock,  on  motion  of  Mr.  HATHAWAY,  of  Freetown, 

The  Convention  adjourned. 

AFTERNOON    SESSION. 

Met  according  to  adjournment. 

On  motion  of  Mr.  BROWN,  of  Medway, 

Ordered,  That  debate  upon  the  question  under  consideration  pre 
vious  to  the  adjournment  in  the  forenoon,  shall  cease  at  four  o'clock. 

The  Convention  resumed  the  consideration  of  the  Resolve  intro 
duced  by  Mr.  Morton,  on  the  subject  of  the  mode  of  submitting  the 
question  of  representation  to  the  people. 

Mr.  WILSON,  of  Natick,  moved  to  amend  the  proposition  of  Mr. 
Morton,  by  striking  out  all  after  the  word  "  Resolved,"  and  inserting 
instead  thereof,  the  following : — 


350  JOURNAL    OF    THE    CONVENTION.  [July  29th, 

That  it  is  expedient  so  to  amend  the  Constitution  as  to  provide, 
that  the  legislature  which  shall  be  chosen  at  the  general  election  in 
November,  1855,  shall  be  required  to  divide  the  State  into  forty  single 
districts  for  the  choice  of  senators,  such  districts  to  be  of  contiguous 
territory,  and  as  equal  in  the  number  of  qualified  voters  contained  in 
each  district  as  may  be ;  and  also  to  divide  the  State  into  single  or 
double  districts  for  the  choice  of  not  less  than  two  hundred  and  forty, 
nor  more  than  three  hundred  and  twenty  representatives,  such  districts 
to  be  of  contiguous  territory,  and  as  equal  in  the  number  of  qualified 
voters  contained  in  each  district  as  maybe,  with  proper  provisions  for 
the  redistricting  of  the  State  as  aforesaid,  in  the  year  1866,  and  every 
tenth  year  thereafter,  and  with  all  other  provisions  necessary  for  car 
rying  such  system  of  districts  into  operation ;  and  to  submit  the  same 
to  the  people  at  the  general  election  to  be  held  in  the  year  1856  for 
their  ratification  ;  and  if  the  same  shall  be  ratified  by  the  people,  it 
shall  become  part  of  this  Constitution,  in  place  of  the  provision  here 
in  contained  for  the  apportioning  of  senators  and  representatives. 

On  motion  of  Mr.  MORTON,  of  Taunton,  the  yeas  and  nays  were 
ordered  on  the  question  of  adopting  the  amendment ; 

And  the  roll  being  called,  two  hundred  and  nine  members  voted  in 
the  affirmative,  and  one  hundred  and  thirty-eight  in  the  negative. 

So  the  amendment  was  adopted. 

Those  who  voted  in  the  affirmative  are : — 

Messrs.  Shubael  P.  Adams,  Messrs.  Asa  Bronson, 

James  B.  Allen,  Adolphus  F.  Brown, 

Joel  C.  Allen,  Alpheus  R.  Brown, 

Parsons  Allen,  Artemas  Brown, 

John  B.  Alley,  Hammond  Brown, 

Josiah  Allis,  Hiram  C.  Brown, 

D.  W.  Alvord,  Frederick  Brownell, 

George  Austin,  Joseph  Brownell, 

Hillel  Baker,  Asahel  Buck, 

George  S.  Ball,  Anson  Burlingame, 

Marcus  Barrett,  Benjamin  F.  Butler, 

Eliakim  A.  Bates,  Henry  Cady, 

Moses  Bates,  Jr.,  William  Carruthers, 

John  Beal,  Isaac  Case, 

Zephaniah  Bennett,  Amariah  Chandler, 

Edward  B.  Bigelow,  Chester  W.  Chapin, 

Francis  W.  Bird,  Daniel  E.  Chapin, 

Henry  W.  Bishop,  Henry  Chapin, 

Gad  O.  Bliss,  Josiah  Childs, 

George  S.  Boutwell,  J.  McKean  Churchill, 

Sewell  Boutwell,  Henry  Clark, 

Hiram  N.  Breed,  Ransom  Clark, 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


351 


Messrs.  Salali  Clark, 

Alpheus  B.  Clarke, 
William  Cleverly, 
Sumner  Cole, 
George  B.  Crane, 
Joseph  "W.  Cross, 
Henry  "W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Charles  G.  Davis, 
Ebenezer  Davis, 
Isaac  Davis, 
Robert  T.  Davis, 
Gilman  Day, 
Silas  Dean, 
•  Elijah  S.  Deming, 
Augustus  Denton, 
Alexander  De  Witt, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
James  Easton,  2d, 
Elisha  Edwards, 
Samuel  Edwards, 
Joseph  M.  Ely, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Aaron  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Richard  Frothingham,  Jr. 
Luther  Gale, 
Johnson  Gardner, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Leonard  Gooding, 
Dalton  Goulding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 


Messrs.  Lyman  W.  Hapgood, 
Seth  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Isaac  Hayden, 
Charles  C.  Haze  well, 
Ezra  Heath,  2d, 
James  Hewes, 
William  H.  Hewes, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Charles  E.  Hunt, 
Charles  P.  Huntington, 
George  H.  Huntington, 
Moses  C.  Hurlbut, 
John  Johnson, 
Isaac  Kendall, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
Charles  L.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Alden  Leland, 
Otis  Little, 
Justin  E.  Loomis, 
William  P.  Marble, 
Laban  Marcy, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
William  Nichols, 
Andrew  T.  Nute, 
Joseph  E.  Ober, 
Benjamin  S.  Orne, 
Charles  Osgood, 
Benjamin  Paine, 
Henry  Paine, 


352 


JOURNAL   OF    THE    CONVENTION. 


[July  29th, 


Messrs.  Jonathan  Parris, 
John  Partridge, 
Nathaniel  Peabody, 
Jeremiah  Pease,  Jr., 
John  Penniman, 
Jesse  Perkins, 
Silvanus  B.  Phinney, 
James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam, 
Silas  Rawson, 
Luther  Richards, 
Samuel  H.  Richardson, 
Joseph  M.  Rockwood, 
John  Rogers, 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Granville  Stevens, 
William  Stevens, 
Alfred  L.  Strong, 
Charles  Sumner, 
Increase  Sumner, 


Messrs.  Alanson  Swain, 
Arnold  Taft, 
Wfflard  Thayer,  2d, 
John  W.  Thomas, 
Charles  Thompson, 
Abraham  Tilton, 
Horatio  W.  Tilton, 
David  Turner, 
David  P.  Turner, 
William  Tyler, 
Orison  Underwood, 
Joel  Viles, 
George  A.  Vinton, 
Frederick  T.  Wallace, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Samuel  Warner,  Jr., 
Asa  H.  Waters, 
Gershom  B.  Weston, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
J.  B.  Williams, 
Henry  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Nathaniel  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
Robert  Andrews, 
William  Aspinwall, 
David  C.  Atwood, 
Samuel  Ayres, 
Alpheus  Bancroft, 
Joseph  Barrows, 
Sidney  Bartlett, 
James  M.  Beebe, 
Luther  Y.  Bell, 
William  Bennett,  Jr., 
Jacob  Bigelow, 
William  S.  Booth, 
Ebenezer  Bradbury, 
William  J.  A.  Bradford, 
Osmyn  Brewster, 
Francis  Brinley, 
George  N.  Briggs, 
Patrick  Bryant, 


Messrs.  Rufus  Bullock, 
Rufus  Choate, 
Jacob  Coggin, 
Nathaniel  Cogswell, 
Lansing  J.  Cole, 
Ithamar  Conkey, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
*    Simeon  Crittenden, 
George  W.  Crockett, 
Leander  Crosby, 
John  Davis, 
Solomon  Davis, 
Henry  L.  Dawes, 
Hiram  S.  Denison, 
James  C.  Doane, 
Moses  Dorman, 
Lilley  Eaton, 
Homer  Ely, 
William  T.  Eustis, 


1853.] 


JOURNAL   OF    THE    CONVENTION. 


353 


Messrs.  A.  G.  Farwell, 

Samuel  P.  Fowler, 
Charles  H.  French, 
Henry  J.  Gardner, 
Wanton  C.  Gilbert, 
Joel  Giles, 
Robert  Gould, 
Jason  Goulding, 
John  C.  Gray, 
Artemas  Hale, 
Nathan  Hale, 
A.  B.  Hammond, 
Elnathan  P.  Hathaway, 
Stephen  E.  Hawkes, 
George  Hay  ward, 
Charles  Heard, 
Henry  Hersey, 
Levi  Heywood, 
George  S.  Hillard, 
William  Hinsdale, 
Aaron  Hobart, 
Foster  Hooper, 
Thomas  Hopkinson, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Samuel  A.  Hurlburt, 
Benjamin  D.  Hyde, 
Samuel  Jackson, 
William  James, 
John  Jenkins, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
George  H.  Kuhn, 
John  S.  Ladd, 
Job  G.  Lawton,  Jr., 
Frederic  W.  Lincoln,  Jr., 
Tristram  Littlefield, 
Isaac  Livermore, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Seth  Miller,  Jr., 
Samuel  Mixter, 
George  Morey, 
Marcus  Morton, 
Daniel  Noyes, 
Nathan  Orcutt, 
James  W.  Paige, 


Messrs.  Adolphus  G.  Parker, 
Joel  Parker, 
George  Peabody, 
Daniel  A.  Perkins, 
Jonathan  C.  Perkins, 
Charles  Phelps, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
F.  O.  Prince, 
George  Putnam, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
David  Rice, 
Daniel  Richardson, 
Elkanah  Ring,  Jr., 
David  S.  Ross, 
John  Sargent, 
William  Schouler, 
John  Sherrii, 
John  S.  Sleeper, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 
Joseph  L.  Stevens,  Jr. 
J.  Thomas  Stevenson, 
Gideon  Stiles, 
Thomas  Talbot, 
Joseph  Thayer, 
Edmund  P.  Tileston, 
Charles  R.  Train, 
John  S.  Tyler, 
Charles  W.  Upham, 
George  B.  Upton, 
Samuel  B.  Walcott, 
Bradford  L.  Wales, 
Samuel  Walker, 
Cyrus  Weeks, 
Thomas  Wetmore, 
William  F.  Wheeler, 
Benjamin  White, 
Daniel  Wilbur, 
Joseph  Wilbur, 
Joel  Wilder, 
Ezra  Wilkinson, 
Henry  Williams, 
Milo  Wilson, 
Charles  C.  Wood, 
Josiah  B.  Woods. 


The  question  being  upon  ordering  the  Resolve,  as  amended,  to  a 
second  reading, 

23 


354  JOURNAL    OF    THE    CONTENTION.  [July  29th» 

Mr.  EARLE,  of  Worcester,  called  for  the  yeas  and  nays ;  but  the 
call  was  not  sustained  by  one-fifth  of  the  members  voting. 

The  Resolve,  as  amended,  was  then  ordered  to  a  second  reading^ 
by  a  vote  of  one  hundred  and  eighty-three  in  the  affirmative,  to  ninety 
in  the  negative. 

On  motion  of  Mr.  GRISWOLD,  member  for  Erving,*the  rule  was 
suspended,  and  the  Resolve  considered,  the  question  being  on  its  final 
passage. 

Mr.  GARDNER,  of  Boston,  moved  to  amend,  by  substituting  the 
words  "  eighteen  hundred  and  fifty-three "  for  the  words  "  eighteen 
hundred  and  fifty-five." 

Mr.  PLUNKETT,  of  Adams,  called  for  the  yeas  and  nays  upon  this 
motion ;  but  the  call  was  not  sustained  by  one-fifth  of  the  members 
voting. 

The  amendment  was  then  rejected, 

And  the  Resolve  was  finally  passed,  by  a  vote  of  one  hundred  and 
eighty-nine  in  the  affirmative,  to  eighty-two  in  the  negative,  as  fol 
lows  : — 

Resolved^  That  it  is  expedient  so  to  amend  the  Constitution,  as  to 
provide — 

That  the  legislature  which  shall  be  chosen  at  the  general  election  in 
November,  1855,  shall  be  required  to  divide  the  State  into  forty  single 
districts  for  the  choice  of  senators,  such  districts  to  be  of  contiguous 
territory,  and  as  equal  in  the  number  of  qualified  voters  contained  in 
each  district  as  may  be ;  and  also  to  divide  the  State  into  single  or 
double  districts,  for  the  choice  of  not  less  than  two  hundred  and  forty 
nor  more  than  three  hundred  and  twenty  representatives,  each  district 
to  be  of  contiguous  territory,  and  as  equal  in  the  number  of  qualified 
voters  contained  in  each  district,  as  may  be ;  with  proper  provisions  for 
the  redistricting  of  the  State  as  aforesaid,  in  the  year  1866,  and  every 
tenth  year  thereafter,  and  with  all  other  provisions  necessary  for  car 
rying  such  system  of  districts  into  operation,  and  to  submit  the  same 
to  the  people  at  the  general  election  to  be  held  in  the  year  1856,  for 
their  ratification ;  and  if  the  same  shall  be  ratified  by  the  people  it 
shall  become  a  part  of  this  Constitution,  in  place  of  the  provision 
herein  contained,  for  the  apportioning  of  senators  and  representatives. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Convention  proceeded 
to  the  consideration  of  the  Orders  of  the  Day. 

The  first  subject  was  the  motion  of  Mr.  White,  of  Quincy,  that 
the  vote  by  which  the  Convention  finally  passed  the  Resolve  on  the 
subject  o|  appropriations  for  sectarian  schools,  be  reconsidered. 


1853.]  JOURNAL    OF    THE    CONVENTION.  355 

Mr.  WHITE  called  for  the  yeas  and  nays  upon  this  motion ;  but  the 
call  was  not  sustained  by  one-fifth  of  the  members  voting. 

After  debate,  Mr.  PERKINS,  of  Maiden,  moved  the  Previous  Ques 
tion  ;  which  was  ordered. 

And  the  motion  to  reconsider  was  rejected,  by  a  vote  of  eighty- 
seven  in  the  affirmative,  to  one  hundred  and  three  in  the  negative. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  Orders  of  the  Day  were 
laid  upon  the  table. 

On  motion  of  Mr.  DANA,  member  for  Manchester,  the  Resolves 
reported  by  the  Committee  on  the  Judiciary,  were  taken  from  the 
table  and  considered. 

Mr.  WILSON,  of  Natick,  moved  a  suspension  of  the  rule,  requiring 
that  propositions  to  amend  the  Constitution  shall  be  first  considered 
in  Committee  of  the  Whole. 

On  this  question  the  vote  was  seventy-eight  in  the  affirmative,  and 
seven  in  the  negative. 

There  appearing  to  be  no  quorum  present,  the  question  was  again 
put,  and  the  vote  stood  eighty-three  in  the  affirmative,  to  ten  in  the 
negative. 

There  still  appearing  to  be  no  quorum, 

Mr.  LOTHROP,  of  Boston,  moved  an  adjournment;  but  the  motion 
was  rejected,  by  a  vote  of  twenty-three  in  the  affirmative,  to  seventy- 
seven  in  the  negative. 

The  motion  to  suspend  the  rule  was  agreed  to,  by  a  vote  of  ninety- 
five  in  the  affirmative,  to  six  in  the  negative. 

Mr.  DANA,  member  for  Manchester,  offered  an  amendment  to  the 
third  Resolve ;  but  afterwards  withdrew  it. 

And  the  Resolves  were  then  ordered  to  a  second  reading. 

On  motion  of  Mr.  TRAIN,  of  Framingham,  the  Orders  of  the  Day 
were  again  taken  up. 

The  first  subject  was  the  motion  of  Mr.  Wheeler,  of  Lincoln,  that 
the  vote  by  which  the  Resolve  on  the  subject  of  imprisonment,  for 
debt  was  finally  passed,  be  reconsidered. 

On  motion  of  Mr.  SCHOULER,  of  Boston,  the  motion  to  reconsider 
was 

Laid  upon  the  table. 

The  question  was  raised,  whether  the  Resolve  on  the  subject  of 
imprisonment  for  debt  had  ever  been  considered  in  Committee  of  the 
Whole  previous  to  being  considered  in  Convention, 

And  it  appearing  that  it  had  not  been  so  considered, 

Mr.  SCHOULER,  of  Boston,  moved  a  suspension  of  the  rule, 

And  the  motion  was  agreed  to. 


356  JOURNAL    OF    THE  ^CONVENTION.  [July  29th, 

The  first  subject  was  the  Resolves  reported  by  the  Committee  on 
Reporting  and  Printing. 

The  Resolves  were  read  a  second  time,  and  finally  passed,  as  fol 
low : — 

Resolved,  That  the  chairman  of  the  Committee  on  Reporting  and 
Printing  be  authorized,  under  the  direction  and  sanction  of  said  com 
mittee,  to  superintend  the  Reporting,  Indexing,  Printing  and  Publica 
tion  of  the  Debates  and  Proceedings  of  the  Convention,  until  the 
same  are  completed,  and  that  he  be  paid  therefor  the  sum  of  four 
dollars  per  day,  and  travel. 

Resolved,  That  said  committee  be  authorized  to  pay  to  the  Sec 
retary  of  the  Commonwealth  such  expenses,  not  exceeding  six  hun 
dred  dollars,  as  may  have  been  incurred  for  extra  services  performed 
by  order  of  this  Convention,  and  that  the  Order  of  May  18th,  be  so 
far  altered  as  that  said  committee  shall  have  the  direction  of  all  mat 
ters  relative  to  the  sale  or  distribution  of  the  Reports  and  Proceedings 
of  this  Convention. 

Resolved,  That  a  copy  of  the  Debates  and  Proceedings  of  this 
Convention,  when  completed,  be  furnished  by  the  committee  to  each 
of  the  Reporters  to  the  Convention. 

The  Report,  inexpedient  to  act  upon  the  subject  of  an  Order 
of  July  21st,  relative  to  appending  to  the  published  debates,  "  Poole's 
Statistical  View  of  the  Members,"  and  "  the  pay  for  attendance  and 
travel  of  the  members," 

Was  accepted. 

Mr.  BIRD,  of  Walpole,  from  the  Committee  on  the  Preservation  of 
the  Records,  reported  a  Resolve,  which  was  read,  and  then  finally 
passed,  as  follows : — 

Resolved,  That  the  Journal  of  the  Proceedings  in  Committee  of 
the  Whole,  with  an  Index,  be  printed,  under  the  supervision  of  the 
Committee  on  the  Preservation  of  the  Records,  in  the  same  volume 
with  the  Journal  of  the  Convention,  and  on  the  same  terms  as  pro 
vided  for  in  the  Resolves  relating  to  the  preservation  of  the  Records, 
with  the  same  provision  for  the  payment  of  the  expense  thereof. 

At  half  past  seven  o'clock,  on  motion  of  Mr.  WOOD,  of  Fitchburg, 
The  Convention  adjourned. 


1853.]  JOURNAL    OF    THE    CONVENTION.  357 

SATURDAY,  July  30,  1853. 

Met  according  to  adjournment.     Prayer  was  offered  by  the  Chap- 
Iain.     The  Journal  of  yesterday  was  read. 
On  motion  of  Mr.  BATES,  of  Plymouth, 

Ordered,  That  each  member  of  the  Convention  who  has  ordered 
copies  of  the  Debates  and  Proceedings  of  this  Convention,  be  entitled 
to  complete  files  of  those  Debates,  the  address  and  order  of  each 
member  to  be  left  with  the  Messenger  of  the  Convention. 

On  motion  of  Mr.  WALKER,  of  North  Brookfield, 

Ordered,  That  one  hundred  thousand  copies  of  the  new  Constitu 
tion  to  be  submitted  to  the  people,  be  published  in  the  same  manner 
as  the  General  Laws  and  Resolves ;  and  one  copy  be  distributed  to 
each  family  in  the  Commonwealth. 

Mr.  WALKER,  of  North  Brookfield,  offered  the  following  Order : — 

Ordered,  That  the  Committee  on  Reporting  and  Printing  be  in 
structed  to  employ  some  suitable  person  to  receive  and  distribute  all 
the  documents  ordered  by  this  Convention,  in  the  manner  and  form 
which  has  been  heretofore  directed. 

On  motion  of  Mr.  BIRD,  of  Walpole,  the  Order  was  referred  to  a 
Select  Committee. 

The  President  appointed  the  committee,  consisting  of  the  following 
members,  viz.:  Messrs.  Walker,  of  North  Brookfield,  Williams,  of 
Tatmton,  Schouler,  of  Boston,  White,  of  Quincy,  Phinney,  member 
for  Chatham,  Parsons,  of  Lawrence,  and  Bird,  of  Walpole. 

Mr.  EARLE,  of  Worcester,  offered  the  following  Order;  which  was 
referred  to  the  same  Committee  : — 

Ordered,  That  such  members  of  the  Convention  as  elected  to  take 
one  or  more  copies  of  the  Official  Reports  of  the  Debates  and  Pro 
ceedings  of  the  Convention,  instead  of  papers  to  which  they  were 
entitled  under  the  Order  of  this  body,  but  who  are  unable  to  procure 
the  same  in  consequence  of  the  deficiency  in  the  number  provided,  be 
entitled  to  receive  in  lieu  thereof  the  same  number  of  copies  of  the 
octavo  edition  of  the  Reports,  not  to  exceed  three  copies  in  the  whole 
to  any  one  member.  And  the  Messenger  is  hereby  directed  to  furnish 
said  copies  from  those  already  ordered  to  be  published  by  the  Con 
vention. 

On  motion  of  Mr.  DANA,  member  for  Manchester,  the  Convention 
proceeded  to  the  consideration  of  the  Orders  of  the  Day. 


358  JOURNAL    OF    THE    CONVENTION.  [July  30th, 

The  first  subject  was  the  Resolves  from  the  Committee  on  the 
Judiciary. 

On  motion  of  Mr.  DANA,  the  third  Resolve  was  amended  by  insert 
ing  after  the  word  "  for  "  in  the  third  line,  the  words  "  incapacity,  mis 
conduct,  or  maladministration  in  their  offices;"  and  also  by  striking 
out  all  after  the  word  "  provided  "  in  the  same  Resolve,  and  inserting 
the  following:  "That  the  cause  be  entered  upon  the  records  of  the 
Council,  and  a  copy  thereof  be  furnished  to  the  party  to  be  removed, 
and  a  reasonable  opportunity  be  given  him  for  defence.  And  the 
Governor  may  at  any  time,  if  the  public  exigency  demand  it,  either 
before  or  after  such  entry  and  notice,  suspend  any  of  said  officers,  and 
appoint  substitutes  who  shall  hold  office  until  the  final  action  upon 
the  question  of  removal." 

On  motion  of  Mr.  MORTON,  of  Taunton,  the  Resolves  were  further 
amended  by  the  addition  of  the  following  Resolve : — 

Resolved,  That  the  terms  of  all  elective  officers  not  otherwise  pro 
vided  for  in  this  Constitution,  shall  commence  on  the  first  Wednesday 
in  January  next  after  their  election. 

The  Resolves,  as  amended,  were  then  finally  passed,  as  follow  : — 

Resolved,  That  persons  holding  office  by  election  or  appointment 
under  the  present  Constitution,  shall  continue  to  discharge  the  duties 
thereof  until  their  term  of  office  shall  expire,  or  officers  authorized  to 
perform  their  duties,  or  any  part  thereof,  shall  be  elected  and  qualified, 
pursuant  to  the  provisions  of  this  amended  Constitution ;  when  all 
powers  not  reserved  to  them  by  the  provisions  of  this  amended  Con 
stitution  shall  cease :  Provided,  however,  that  justices  of  the  peace, 
justices  of  the  peace  and  of  the  quorum,  and  commissioners  of  in 
solvency,  shall  be  authorized  to  finish  and  complete  all  proceedings 
pending  before  them  at  the  time,  when  their  powers  and  duties  shall 
cease,  or  be  altered  as  aforesaid. 

Resolved,  That  the  legislature  shall  provide,  from  time  to  time,  the 
mode  in  which  commissions  or  certificates  of  election  shall  be  issued 
to  all  officers  elected  pursuant  to  the  Constitution,  except  in  case 
where  provision  shall  be  made  therein. 

Resolved,  That  the  Governor,  by  and  with  the  consent  of  the  Coun 
cil,  may  at  any  time  for  jncapacity,  misconduct,  or  maladministra 
tion  in  their  offices,  cause  shown,  remove  from  office,  clerks  of  courts, 
commissioners  of  insolvency,  judges  and  registers  of  probate,  dis 
trict-attorneys,  registers  of  deeds,  county  treasurers,  county  com 
missioners,  sheriffs,  trial  justices,  and  justices  of  police  courts :  Pro 
vided,  that  the  cause  be  entered  upon  the  records  of  the  Council, 


1853.]  JOURNAL    OF    THE    CONVENTION.  359 

and  a  copy  thereof  be  furnished  to  the  party  to  be  removed,  and  a 
reasonable  opportunity  be  given  him  for  defence.  And  the  Governor 
may,  at  any  time,  if  the  public  exigency  demand  it,  either  before  or 
after  such  entry  and  notice,  suspend  any  of  said  officers,  and  appoint 
substitutes,  who  shall  hold  office  until  the  final  action  upon  the  ques 
tion  of  removal. 

Resolved,  That  whenever  a  vacancy  shall  occur  in  any  elective 
office  provided  for  in  this  Constitution,  except  that  of  governor,  lieu 
tenant-governor,  councillor,  senator,  member  of  the  House  of  Rep 
resentatives,  and  town  and  city  officers,  the  Governor  for  the  time 
being,  by  and  with  the  advice  and  consent  of  the  Council,  may  ap 
point  some  suitable  person  to  fill  such  vacancy  until  the  next  annual 
election,  when  the  same  shall  be  filled  by  a  new  election,  in  the  man 
ner  to  be  provided  by  law:  Provided,  however,  trial  justices  shall  not 
be  deemed  to  be  town  officers  for  this  purpose. 

Resolved,  That  all  elections  provided  to  be  had  under  this  amended 
Constitution  shall,  unless  otherwise  provided,  be  first  held  on  the 
Tuesday  next  after  the  first  Monday  of  November,  A.  D.  1854. 

Resolved,  That  the  terms  of  all  elective  officers,  not  otherwise  pro 
vided  for  in  this  Constitution,  shall  commence  on  the  first  Wednes 
day  in  January  next  after  their  election. 

Mr.  DAVIS,  of  Plymouth,  moved  that  the  Committee  on  the  Frame 
of  Government  be  instructed  to  report  upon  the  subject  of  an  Order 
on  the  subject  of  the  governor's  appointing  members  of  the  legisla 
ture  to  offices  created,  or  the  emoluments  of  which  have  been  in 
creased  during  their  term  of  office. 

On  motion  of  Mr.   HUNTINGTON,  of  Northampton,  the  motion  was 

Laid  upon  the  table. 

Mr.  STETSON,  of  Braintree,  moved  that  the  Resolve  on  the  subject 
of  the  law  martial,  be  taken  from  the  table ;  but  the  motion  was  re 
jected. 

Mr.  BOUTWELL,  member  for  Berlin,  from  the  Committee  on  Re 
vision,  submitted  a  Report,  asking  that  the  Committee  be  discharged 
from  the  further  consideration  of  a  Resolve  referred  to  them,  adopted 
by  the  Convention  on  the  30th  of  May,  on  the  mode  in  which  the 
governor  shall  be  chosen  by  the  legislature,  in  case  of  the  non-election 
of  that  officer  by  the  people. 

The  Report  was  accepted,  and  the  committee  discharged. 

Mr.  LORD,  of  Salem,  moved  a  suspension  of  the  rule,  so  as  to 
allow  a  motion  to  reconsider  the  vote  by  which  the  Resolve  referred 
to  in  the  above  Report  was  passed. 

But  the  motion  was  ruled  to  be  not  in  order. 


360  JOURNAL    OF   THE    CONVENTION.  [July  30th, 

Mr.  HILLARD,  of  Boston,  being  in  the  chair, 

Mr.  BRIGGS,  of  Pittsfield,  offered  the  following  Resolution,  which 
was  unanimously  adopted  : — 

Resolved,  That  the  thanks  of  this  Convention  be  given  to  Hon. 
NATHANIEL  P.  BANKS,  Jr.,  for  the  dignified,  fair,  and  able  manner  in 
which  he  has  presided  over  its  deliberations. 

On  motion  of  Mr.  LORD,  of  Salem,  the  Committee  on  the  Pay  Roll 
were  instructed  to  make  up  the  pay  of  Mr.  Wilson,  of  Natick,  at  the 
rate  of  three  dollars  per  day  additional  to  his  pay  as  a  member,  for  the 
time  during  which  he  was  President  pro  tempore  of  the  Convention. 

Mr.  WILSON,  of  Natick,  moved  that  the  Convention  adjourn  until 
three  o'clock ;  but  afterwards  withdrew  the  motion. 

On  motion  of  Mr.  BUTLER,  of  Lowell, 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  to  meet 
on  Monday,  at  ten  o'clock. 

Mr.  BUTLER  then  moved  an  adjournment;  but  the  motion  was 
ed. 

Mr.  LIVERMORE,  of  Cambridge,  then  moved  a  reconsideration  of 
the  vote  by  which  the  Convention  agreed  to  the  Order  offered  by 
Mr.  Butler. 

And  the  vote  was  reconsidered. 

The  question  then  recurred  upon  the  Order  of  Mr.  Butler,  and  it 
was  rejected. 

On  motion  of  Mr.  LIVERMORE,  of  Cambridge, 

The  Convention  adjourned. 


AFTERNOON    SESSION. 

4p 

Met  according  to  adjournment. 

Mr.  WILSON,  of  Natick,  moved  that  the  Convention  adjourn  until 
Monday,  at  ten  o'clock  ; 

But  afterwards  withdrew  the  motion, 

And  moved  that  when  the  Convention  adjourn,  it  adjourn  to  meet 
on  Monday,  at  ten  o'clock. 

The  motion  was  agreed  to. 

Mr.  WILSON  then  moved  an  adjournment, 

And  this  motion  was  agreed  to,  by  a  vote  of  ninety-four  in  the 
affirmative,  to  sixty-seven  in  the  negative. 

And  at  ten  minutes  past  three  o'clock, 

The  Convention  adjourned. 


1853.1  JOURNAL    OF    TPIE    CONVENTION.  361 


MONDAY,  August  1,  1853. 

Met  according  to  adjournment.  Prayer  was  offered  by  the  Chap 
lain.  The  Journal  of  Saturday  was  read. 

Mr.  OLIVER,  of  Lawrence,  by  leave  of  the  Convention,  made  a 
personal  explanation  in  relation  to  his  vote  upon  the  Resolve  provid 
ing  that  ballots  shall  be  enclosed  in  sealed  envelopes. 

Mr.  KEYES,  member  for  Abington,  presented  the  Protest  of  William 
C.  Nell  and  others,  against  the  action  of  the  Convention  on  the  sub 
ject  of  the  Petition  of  the  colored  citizens,  who  asked  that  they 
should  not  be  prohibited  from  serving  in  the  militia ; 

And  moved  that  the  paper  be  entered  upon  the  Journal  of  the  Con 
vention. 

The  motion  was  agreed  to  by  a  vote  of  ninety-seven  in  the  affirma 
tive,  to  sixty-six  in  the  negative. 

Mr.  LIVERMORE,  of  Cambridge,  from  the  Committee  on  the  Pay 
Roll,  submitted  a  Report  and  Order  on  that  subject ;  which,  on  mo 
tion  of  Mr.  GRISWOLD,  member  for  Erving,  were 

Laid  upon  the  table. 

Mr.  WALKER,  of  North  Brookfield,  from  the  Special  Committee  on 
the  subject  of  the  distribution  of  documents,  &c.,  submitted  a  Report 
and  Resolves,  which  were  considered ;  and 

Pending  an  amendment  offered  by  Mr.  Earle,  of  Worcester, 

On  motion  of  Mr.  BUTLER,  of  Lowell,  the  subject  was  laid  upon 
the  table. 

Mr.  BOUTWELL,  member  for  Berlin,  from  the  committee  appointed 
to  reduce  the  amendments  to  form,  submitted  a  Report,  accompanied 
by  Resolves,  and  a  series  of  Constitutional  Propositions,  to  be  sub 
mitted  to  the  people. 

No  objection  being  made,  the  question  was  stated  upon  the  final 
passage  of  the  Resolves. 

And  the  Resolves  were  read. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  and  no  objection 
being  made,  ' 

The  first  Proposition,  comprising  the  proposed  Preamble,  Declara 
tion  of  Rights  and  Frame  of  Government,  was  read  and  considered 
by  chapters ; 

And  that  portion  which  contained  the  Preamble  and  Declaration  of 
Rights,  was  first  read. 

Mr.  SCHOULER,  of  Boston,  moved  to  amend,  by  inserting  at  the 
close  of  article  27th,  the  words  standing  as  the  fifth  Proposition,  on 
page  39th,  viz. :  the  words — 


362  JOURNAL    OF    THE    CONVENTION.  [August  1st, 

No  person  shall  be  imprisoned  for  any  debt  hereafter  contracted, 
unless  in  cases  of  fraud. 

The  motion  was  rejected. 

Mr.  KELLOGG,  of  Hadley,  moved  to  amend,  by  striking  from  the 
fourth  article  of  the  Declaration  of  Rights,  the  words  "  in  Congress 
assembled." 

The  President  decided  the  motion  to  be  not  in  order,  being  an 
amendment  of  the  substance  of  the  Constitution  and  not  merely  of 
the  form. 

Mr.  JENKS,  of  Boston,  offered  an  amendment ;  which  was  also 
ruled  to  be  not  in  order  for  the  same  reason. 

Mr.  PLUNKETT,  of  Adams,  moved  to  amend,  by  inserting  at  the 
end  of  the  thirteenth  article  of  the  Declaration  of  Rights,  the  words 
standing  as  the  third  Proposition,  viz. : — 

In  all  trials  for  criminal  offences,  the  jury,  after  having  received  the 
instruction  of  the  court,  shall  have  the  right,  in  their  verdict  of  guilty 
or  not  guilty,  to  determine  the  law  and  the  facts  of  the  case ;  but  it 
shall  be  the  duty  of  the  court  to  superintend  the  course  of  the  trials, 
to  decide  upon  the  admission  and  rejection  of  evidence,  and  upon  all 
questions  of  law  raised  during  the  trials,  and  upon  all  collateral  and 
incidental  proceedings ;  and  also  to  allow  bills  of  exceptions.  And 
the  court  may  grant  a  new  trial  in  case  of  conviction. 

Chapter  first  of  the  proposed  Frame  of  Government,  relating  to  the 
General  Court,  was  then  read. 

Mr.  UPTON,  of  Boston,  moved  to  amend,  by  inserting  in  the  chap 
ter  on  the  general  court  the  words  standing  as  the  seventh  and  eighth 
Propositions,  viz.  : — 

The  legislature  shall  not  create  corporations  by  special  act,  when 
the  object  of  the  incorporation  is  attainable  by  general  laws. 

The  legislature  shall  have  no  power  to  pass  any  act  granting  any 
special  charter  for  banking  purposes,  or  any  special  act  to  increase  the 
capital  stock  of  any  chartered  bank ;  but  corporations  may  be  formed 
for  such  purposes,  or- the  capital  stock  of  chartered  banks  may  be 
increased,  under  general  laws. 

The  legislature  shall  provide  by  law  for  the  registry  of  all  notes  or 
bills  authorized  by  general  laws  to  be  issued  or  put  in  circulation  as 
money ;  and  shall  require  ample  security  for  the  redemption  of  such 
notes  in  specie. 

The  motion  was  rejected.  . 

Mr.  LIVERMORE,  of  Cambridge,  moved  to  amend,  by  striking  out 
the  words  contained  in  the  last  sentence  of  the  second  article,  viz. : — 


1853.]  JOURNAL    OF    THE    CONVENTION.  363 

But  nothing  herein  contained  shall  prevent  the  general  court  from 
assembling  at  such  other  times  as  they  shall  judge  necessary,  or  when 
called  together  by  the  governor. 

The  President  ruled  the  motion  to  be  not  in  order. 

Mr.  ALLEN,  of  Worcester,  afterwards  asked  the  general  consent  of 
the  Convention  that  such  an  amendment  might  be  introduced. 

But  objection  was  made. 

Mr.  LORD,  of  Salem,  moved  to  amend,  by  striking  out  the  word 
"present"  from  the  thirteenth  line  of  the  fourth  article;  but  the  mo- 
was  rejected,  by  a  vote  of  sixty-three  in  the  affirmative,  to  one  hun 
dred  and  sixty-two  in  the  negative. 

Mr.  OLIVER,  of  Lawrence,  moved  to  amend,  by  taking  from  its 
place  in  the  first  chapter,  the  words  standing  as  article  third,  viz. : 
"  The  compensation  of  members  of  the  general  court  shall  be  estab 
lished  by  standing  laws;  but  no  act  increasing  the  compensation  shall 
apply  to  the  general  court  which  passes  such  act;  and  no  compensa 
tion  shall  be  allowed  for  attendance  of  members  at  any  one  session 
for  a  longer  time  than  one  hundred  days ; "  and  placing  them  among 
the  Propositions  to  be  submitted  separately. 

But  the  motion  was  rejected. 

Mr.  OLIVER  also  moved  to  amend,  by  taking  from  its  place  in  the 
first  chapter,  the  words  standing  as  article  thirteenth,  viz. :  "  In  all 
elections  by  the  general  court,  or  either  branch  thereof,  a  majority  of 
votes  shall  be  required,  and  the  members  shall  vote  viva  voce ; "  and 
placing  them  among  the  Propositions  to  be  submitted  separately. 

But  the  motion  was  rejected. 

Chapter  second,  relating  to  the  Senate,  was  then  read. 

No  amendments  being  offered, 

Chapter  third,  relating  to  the  House   of  Representatives,  was  read. 

Mr.  EARLE,  of  Worcester,  moved  to  amend,  by  striking  from  the 
second  article,  the  words,  "every  town  containing  eight  thousand 
inhabitants  and  less  than  twelve  thousand,  may  elect  three  represen 
tatives.  Every  city  or  town  containing  twelve  thousand  inhabitants, 
may  elect  four  representatives."  And  by  striking  out  the  word 
"  twelve  "  in  the  fifteenth  line,  and  inserting  instead  thereof,  the  word 
"  four." 

But  the' amendment  was  rejected. 

Mr.  MORTON,  of  Taunton,  moved  to  amend  the  eighth  article,  by 
adding  to  it  the  words  :  "  and  he  shall  cease  to  represent  the  said  town 
immediately  on  his  ceasing  to  be  qualified  as  aforesaid." 

Mr.  LORD,  of  Salem,  raised  the  question  whether  this  language 


364  JOURNAL    OF    THE    CONVENTION.  [August  1st, 

was  not  a  part  of  the  present  Constitution,  and  therefore,  not  having 
been  struck  out  by  the  action  of  the  Convention,  it  must  remain  a 
part  of  the  revised  instrument. 

In  reply,  the  President  stated  that  the  committee,  by  their  Report, 
had  given  the  opinion  that  these  words  are  not  a  part  of  the  present 
Constitution. 

Mr.  WILKINSON,  of  Dedham,  moved  a  reconsideration  of  the  vote 
by  which  Mr.  Morton's  amendment  was  rejected. 

On  this  motion,  Mr.  GRAY,  of  Boston,  called  for  the  yeas  and  nays ; 
which  were  ordered. 

At  two  o'clock,  the  Convention  adjourned. 


AFTERNOON  SESSION. 

Met  according  to  adjournment. 

The  Convention  resumed  the  consideration  of  the  Report  of  the 
Committee  on  Revision. 

On  motion  of  Mr.  GRAY,  of  Boston,  the  vote  by  which  the  yeas 
and  nays  were  ordered  upon  the  question  of  reconsidering  the  vote 
by  which  Mr.  Morton's  amendment  was  rejected, 

Was  reconsidered;  and  Mr.  GRAY  then  withdrew  his  demand  for 
the  yeas  and  nays. 

The  question  being  upon  the  motion  to  reconsider, 

It  was  rejected,  by  a  vote  of  thirty-nine  in  the  affirmative,  to  one 
hundred  and  three  in  the  negative. 

Mr.  LORD,  of  Salem,  moved  to  amend,  by  providing  that  the  sec 
ond,  third,  fourth  and  fifth  articles,  viz.: — 

ART.  2.  And  in  order  to  provide  for  a  representation  of  the  citi 
zens  of  this  Commonwealth,  founded  upon  the  principle  of  equality, 
every  corporate  town,  containing  less  than  one  thousand  inhabitants, 
may  elect  one  representative  in  the  year  when  the  valuation  of  estates 
shall  be  settled,  and,  in  addition  thereto,  one  representative  five  years 
in  every  ten  years.  Every  town  containing  one  thousand  inhabitants 
and  less  than  four  thousand,  may  elect  one  representative.  Every 
town  containing  four  thousand  inhabitants  and  less  than  eight  thou 
sand,  may  elect  two  representatives.  Every  town  containing  eight 
thousand  inhabitants  and  less  than  twelve  thousand,  may  elect  three 
representatives.  Every  city  or  town  containing  twelve  thousand 
inhabitants,  may  elect  four  representatives.  Every  city  or  town  con 
taining  over  twelve  thousand  inhabitants,  may  elect  one  additional 
representative  for  every  four  thousand  inhabitants  it  shall  contain, 


1853.]  JOURNAL   OF    THE    CONTENTION.  365 

over  twelve  thousand.  Any  two  towns,  each  containing  less  than 
one  thousand  inhabitants,  may,  by  consent  of  a  majority  of  the  legal 
voters  present  at  a  legal  meeting,  in  each  of  said  towns  respectively, 
called  for  that  purpose,  form  themselves  into  a  representative  district, 
to  continue  for  the  term  of  not  less  than  two  years;  and  such  district 
shall  have  all  the  rights,  in  regard  to  representation,  which  belong  to 
a  town  having  one  thousand  inhabitants.  And  this  apportionment 
shall  be  based  upon  the  census  of  the  year  one  thousand  eight  hun 
dred  and  fifty,  until  a  new  census  shall  be  taken. 

ART.  3.  The  Senate,  at  its  first  session  after  this  Constitution  shall 
have  been  adopted,  and  at  its  first  session  after  the  next  State  census 
shall  have  been  taken,  and  at  its  first  session  next  after  each  decennial 
State  census  thereafter  wards,  shall  apportion  the  number  of  represen 
tatives  to  which  each  town  and  city  shall  be  entitled,  and  shall  cause 
the  same  to  be  seasonably  published  ;  and  in  all  apportionments  after 
the  first,  the  numbers  which  shall  entitle  any  town  or  city,  to  two, 
three,  four,  or  more  representatives,  shall  be  increased  or  diminished 
in  the  same  proportion  as  the  population  of  the  whole  Common 
wealth  shall  have  increased  or  decreased  since  the  last  preceding  ap 
portionment. 

ART.  4.  No  town  hereafter  incorporated,  containing  less  than- 
fifteen  hundred  inhabitants,  shall  be  entitled  to  choose  a  representa 
tive. 

ART.  5.  Each  city,  in  this  Commonwealth,  shall  be  divided,  by 
such  means  as  the  legislature  may  provide,  into  districts  of  contigu 
ous  territory,  as  nearly  equal  in  population  as  may  be,  for  the  election 
of  representatives,  which  districts  shall  not  be  changed  oftener  than 
once  in  five  years :  Provided,  however,  that  no  one  district  shall  be 
entitled  to  elect  more  than  three  representatives, 

Be  struck  out  of  their  place  in  the  third  chapter,  and  placed  among 
the  Propositions  to  be  submitted  separately. 

And  upon  his  motion,  the  yeas  and  nays  were  ordered  upon  this 
question. 

And  the  roll  being  called,  ninety-one  members  voted  in  the  affirm 
ative,  and  two  hundred  and  five  in  the  negative. 

So  the  amendment  was  rejected. 

Those  who  voted  in  the  affirmatire  are : — 

Messrs.  Alfred  A.  Abbott,  Messrs.  Sidney  Bartlett, 

Benjamin  P.  Adams,  Erasmus  D.  Beach, 

P.  Emory  Aldrich,  Jacob  Bigelow, 

William  Aspinwall,  Ebenezer  Bradbury, 

Samuel  Ayres,  William  J.  A.  Bradford, 


366 


JOURNAL    OF    THE    CONVENTION. 


[August  1st, 


Messrs.  Milton  P.  Braman, 
Rufus  Bullock, 
Rufus  Choate, 
Nathaniel  Cogswell, 
Charles  E.  Cook, 
Henry  F.  Cooledge, 
Benjamin  F.  Copeland, 
John  Davis, 
Solomon  Davis, 
Hiram  S.  Denison, 
Lilley  Eaton, 
Homer  Ely, 
A.  G.  Farwell, 
Samuel  P.  Fowler, 
Charles  II.  French, 
Henry  J.  Gardner, 
Robert  Gould, 
Dalton  Goulding, 
John  C.  Gray, 
Artemas  Hale, 
A.  B.  Hammond, 
George  Haskell, 
Elnathan  P.  Hathaway, 
Stephen  E.  Hawkes, 
George  Hay  ward, 
Charles  Heard, 
Henry  Hersey, 
James  Hewes, 
George  S.  Hillard, 
Foster  Hooper, 
Thomas  Hopkinson, 
Samuel  Houghton, 
William  J.  Hubbard, 
William  Hunt, 
Samuel  A.  Hurlburt, 
Samuel  Jackson, 
John  Jenkins, 
Samuel  II.  Jenks, 
Giles  C.  Kellogg, 
George  H.  Kuhn, 
Abishai  Lincoln, 


Messrs.  Tristram  Littlefield, 
Isaac  Livermore, 
Otis  P.  Lord, 
Samuel  K.  Lothrop, 
Samuel  P.  Loud, 
John  A.  Lowell, 
Seth  Miller,  Jr., 
George  Morey, 
Joseph  B.  Morss, 
Marcus  Morton, 
Daniel  Noyes, 
Henry  K.  Oliver, 
Jame*  W.  Paige, 
John  G.  Park, 
Adolphus  G.  Parker, 
Joel  Parker, 
Daniel  A.  Perkins, 
Jonathan  C.  Peikins, 
'iVilliam  C.  Plunkett, 
Jeremiah  Pomroy, 
George  Putnam, 
Robert  Rantoul, 
James  Read, 
Sampson  Reed, 
John  Sargent, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 
J.  Thomas  Stevenson, 
Thomas  Talbot, 
Charles  Thompson, 
John  S.  Tyler, 
George  B.  Upton, 
Samuel  B.  Walcott, 
William  F.  Wheeler, 
Joseph  Wilbur, 
Joel  Wilder, 
Ezra  Wilkinson, 
Henry  Williams, 
Milo  Wilson. 


Those  who  voted  in  the  negative  are : — 


Messrs.  Shubael  P.  Adams, 
Charles  Allen, 
James  B.  Allen, 
Joel  C.  Allen, 
John  B.  Alley, 
Josiah  Allis, 
D.  W.  Alvord, 
George  Austin, 
Hillel  Baker, 


Messrs.  George  S.  Ball, 

Alpheus  Bancroft, 
Russel  Bartlett, 
Marcus  Barrett, 
Eliakim  A.  Bates, 
John  Beal, 

William  Bennett,  Jr., 
Zephaniah  Bennett, 
Edward  B.  Bigelow^ 


1853.] 


JOURNAL    OF    THE    CONVENTION. 


367 


Messrs.  Francis  W.  Bird, 
William  S.  Booth, 
George  S.  Bout  well, 
Sewell  Bout  well, 
Hiram  N.  Breed, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Alpheus  R.  Brown, 
Artemas  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Joseph  Brownell, 
Patrick  Bryant, 
Asahel  Buck, 
Amos  H.  Bullen, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
William  Carruthers, 
Isaac  Case, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Daniel  E.  Chapin, 
Henry  Chapin, 
Josiah  Childs, 
Henry  Clark, 
Ransom  Clark, 
Salah  Clark, 
Alpheus  B.  Clarke, 
Sdllman  Clarke, 
Lansing  J.  Cole, 
Sumner  Cole, 
George  B.  Crane, 
Oliver  S.  Cressy, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Simeon  N.  Cutler, 
Richard  H.  Dana,  Jr., 
Ebenezer  Davis, 
Isaac  Davis, 
Robert  T.  Davis, 
Silas  Dean, 
Elijah  S.  Deming, 
Augustus  Denton, 
Samuel  Duncan, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
Calvin  D.  Eaton, 


Messre.  Elisha  Edwards, 
Samuel  Edwards, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Emery  Fiske, 
Samuel  Fowle, 
James  M.  Freeman, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Johnson  Gardner, 
Elbridge  Gates, 
Wanton  C.  Gilbert, 
Washington  Gilbert, 
Charles  G.  Giles, 
Daniel  W.  Gooch, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Benjamin  F.  Hallett, 
Seth  Hapgood, 
Phineas  Harmon, 
Isaac  Hayden, 
Charles  C.  HazeweU, 
Ezra  Heath,  2d, 
William  H.  Hewes, 
Levi  Heywood, 
Henry  Hobart, 
Edwin  Hobbs, 
Nathaniel  Holder, 
George  Hood, 
Martin  Howard, 
Abraham  H.  Howland, 
Henry  K.  Hoyt, 
Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
John  Johnson, 
Isaac  Kendall, 
Edward  L.  Keyes, 
Joseph  Kimball, 
Joseph  Kingman, 
Hiram  Knight, 
Jefferson  Knight, 
Joseph  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowlton, 
Albert  Knox, 


368 


JOURNAL   OF    THE    CONVENTION. 


[August  1st, 


Messrs.  Gardner  P.  Ladd, 

"VVilber  C.  Langdon, 
Luther  Lawrence, 
Alden  Leland, 
Otis  Little, 
William  P.  Marble, 
Abijah  P.  Marvin, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
James  M.  Moore, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nayson, 
William  Nichols, 
Andrew  T.  Nute, 
Benjamin  S.  Orne, 
Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
John  Partridge, 
Nathaniel  Peabody, 
John  Penniman, 
Jesse  Perkins, 
Noah  C.  Perkins, , 
Silvanus  B.  Phinney, 
Henry  Pierce, 
John  A.  Putnam, 
Silas  Pvawson, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
v  John  Rogers, 
David  S.  Ross, 


Messrs.  James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson, 
John  Sherril, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Eben  H.  Stacy, 
Granville  Stevens, 
William  Stevens, 
Gideon  Stiles, 
Isaac  C.  Taber, 
Arnold  Taft, 
Willard  Thayer,  2d, 
John  W.  Thomas, 
Abraham  Tilton, 
William  Tyler, 
Orison  Underwood, 
Joel  Viles, 
George  A.  Vinton, 
Frederick  T.  Wallace, 
Freeland  Wallis, 
Amasa  Walker, 
Andrew  H.  Ward, 
Gershom  B.  Weston, 
Benjamin  White, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Daniel  Wilbur, 
J.  B.  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


Mr.  GARDNER,  of  Boston,  moved  to  amend  the  first  article  of  the 
third  chapter,  by  striking  out  the  word  "people"  and  inserting  instead 
thereof  the  words,  "  several  towns,"  and  also  by  striking  out  the  word 
"equality"  and  inserting  instead  thereof  the  words  "prerogative 
rights." 

But  the  amendment  was  ruled  to  be  not  in  order,  being  an  amend 
ment  of  substance,  and  not  merely  of.  form. 

The  fourth  chapter,  relating  to  the  Governor,  was  then  read. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  second  article 


1853.]  JOURNAL    OF    THE    CONVENTION.  369 

was  amended  by  adding  at  the  close,  the  words  :  "  And  no  person 
shall  be  eligible  to  this  office,  unless,  at  the  time  of  his  election,  he 
shall  have  been  an  inhabitant  of  this  Commonwealth  for  seven  years 
next  preceding." 

The  fifth  chapter,  relating  to  the  Lieutenant- Govern  or,  was  then 
read. 

The  sixth  chapter,  relating  to  the  Council,  was  also  read. 

Mr.  WILSON,  of  Natick,  moved  to  amend  the  second  article  by  in 
serting  after  the  words  "  General  Court"  the  words  "  holden  next  after 
the  adoption  of  the  Constitution,  and  next  after  each  decennial  census 
thereafter." 

But  the  amendment  was  ruled  to  be  not' in  order,  being  an  amend 
ment  of  substance,  and  not  merely  of  'form. 

Mr.  HALE,  of  Boston,  moved  to  amend  the  word  "  Councillor," 
wherever  it  occurs  in  the  chapter,  by  substituting  for  it  the  word,  as 
spelled  "  Counsellor." 

But  the  amendment  was  rejected. 

The  seventh  chapter,  relating  to  the  Secretary,  Treasurer,  &c.,  was 
then  read. 

On  motion  of  Mr.  BOUT  WELL,  member  for  Berlin,  the  title  of  the 
chapter  was  amended  by  adding  the  words,  "  District- Attorney  and 
County  Officers." 

The  eighth  chapter,  relating  to  the  Judiciary,  was  then  read. 

Mr.  CHOATE,  of  Boston,  moved  to  amend  by  striking  from  their  place 
in  the  chapter,  the  words : 

All  judicial  officers,  duly  appointed,  commissioned  and  sworn,  shall 
hold  their  offices  for  the  term  of  ten  years,  excepting  such  concerning 
whom  there  is  different  provision  made  in  this  Constitution.  And  upon 
the  expiration  of  such  term  they  may  be  reappointed. 

Also  the  words  standing  as  the  third  article,  viz.  :— 

The  present  justices  of  the  Supreme  Judicial  Court  shall  hold  their 
offices  according  to  their  respective  commissions;  and  the  present  jus 
tices  of  the  Court  of  Common  Pleas  shall  hold  their  offices  by  the 
same  tenure,  while  the  law  establishing  the  said  Court  of  Common 
Pleas  shall  continue.  All  nominations  of  judicial  officers,  whose  term 
of  office  is  by  this  Constitution  limited  to  ten  years,  shall  be  publicly 
announced  at  least  seven  days  before  their  appointment :  and  no  per 
son  who  shall  have  been  commissioned  after  the  tenth  day  of  August, 
in  the  year  one  thousand  eight  hundred  and  fifty-three,  shall  hold  by 
any  longer  tenure  of  office  than  the  term  of  ten  years. 

24 


3 TO  JOURNAL   OF   THE    CONVENTION.  [August  lat, 

Also,  to  strike  from  the  Declaration  of  Rights  the  words  contained 
in  the  30th  article,  viz. : — 

It  is  essential  to  the  preservation  of  the  rights  of  every  individual, 
his  life,  liberty,  property  and  character,  that  there  be  an  impartial 
interpretation  of  the  laws,  and  administration  of  justice.  It  is  the 
right  of  every  citizen  to  be  tried  by  judges  as  free,  impartial  and  inde 
pendent,  as  the  lot  of  humanity  will  admit.  It  is  therefore  not  only 
the  best  policy,  but  for  the  security  of  the  rights  of  the  people,  and  of 
every  citizen,  that  the  Judges  of  the  Supreme  Judicial  Court  should 
hold  their  offices  by  tenures  established  by  the  Constitution,  and 
should  have  honorable  salaries,  which  shall  not  be  diminished  during 
their  continuance  in  office. 

And  to  place  these  provisions  of  the  Constitution  among  the  Prop 
ositions  to  be  separately  submitted  to  the  people. 

But  the  amendment  was  rejected,  by  a  vote  of  seventy-two  in  the 
affirmative,  to  one  hundred  and  sixty-eight  in  the  negative. 

On  motion  of  Mr.  HALLETT,  member  for  Wilbraham,  the  second 
paragraph  of  the  second  article  was  amended,  by  striking  out  the 
word  "  any  "  in  the  fourth  line. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  same  para 
graph  was  amended  by  the  addition  of  the  following  words  after  the 
words  "judicial  officers,"  in  the  fifth  line  :  "  for  whose  appointment  a 
different  provision  is  not  made  in  this  Constitution,  shall  be  nomi 
nated  and  appointed  by  the  governor,  by  and  with  the  advice  and 
consent  of  the  council,  and  they." 

The  ninth  chapter,  relating  to  the  Qualifications  of  Voters,  was 
then  read. 

Mr.  PARKER,  of  Cambridge,  moved  an  adjournment ;  but  the  motion 
was  rejected,  by  a  vote  of  fifty-one  in  the  affirmative,  to  one  hundred 
and  thirty-two  in  the  negative. 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  article  first  was 
amended,  by  inserting  the  word  "  State  "  after  the  word  "  any,"  in  the 
sixth  line. 

Mr.  HALLETT,  member  for  Wilbraham,  moved  further  to  amend,  by 
adding  the  words  "  or  other  "  after  the  word  "  State." 

But  the  amendment  was  ruled  to  be  not  in  order,  being  an  amend 
ment  of  substance,  and  not  merely  of  form. 

Mr.  HALLETT  then  asked  unanimous  consent  to  enable  him  to  intro 
duce  the  amendment ;  but  objection  was  made  by  Mr.  Aspinwall,  of 
Brookline,  and  the  amendment  was  not  received. 

The  tenth  chapter,  relating  to  Oaths  and  Subscriptions,  was  then  read- 


1S.53.' 


JOURNAL  OF  THE  CONVENTION.  371 


The  eleventh  chapter,  relating  to  the  Militia,  was  also  read. 
At  five  minutes  before  seven  o'clock,  on  motion  of  Mr.  BUTLER,  of 
Lowell, 

The  Convention  took  a  recess  for  one  hour. 

EVENING    SESSION. 

At  eight  o'clock,  the  Convention  reassembled, 

And  the  consideration  of  the  Report  of  the  Committee  on  Revision, 
was  resumed. 

No  amendment  being  proposed  to  the  chapter  relating  to  the  Militia, 
The  twelfth  chapter,  relating  to  the  University  at  Cambridge,  &c., 
was  read, 

And  also  the  thirteenth  chapter,  containing  miscellaneous  provisions. 
On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  first  article  of 
thirteenth  chapter,  was   amended,  by  substituting  the   words  "  one 
thousand  eight  hundred  and  fifty-five,"  for  the  words  "  eighteen  hun 
dred  and  fifty-five," 

And  the  sixth  article  was  amended,  by  striking  out  the  word 
•"  amended,"  in  the  second  line. 

On  motion  of  Mr.  CHAPIN,  of  Worcester,  the  fourth  article  was 
•amended,  by  inserting  the  words  "and  clerks"  after  the  word  "jus 
tices,"  in  the  seventh  line. 

On  motion  of  Mr.  HILLARD,  of  Boston,  the  fifth  article  was  amend 
ed,  by  the  insertion  of  the  word  "  that,"  before  the  words  "  Tria] 
Justices,"  in  the  ninth  line. 

On  motion  of  Mr.  MASON,  of  Fitchburg,  the  sixth  article  was  amend 
ed,  by  inserting  the  words  "  in  the  year,"  after  the  word  "  November." 
The  fourteenth  chapter,  relating  to  Revision  and  Amendments  of 
the  Constitution,  was  then  read. 

On  motion  of  Mr.  WILSON,  of  Natick,  the  fourth  article  was 
amended,  by  substituting  the  word  "  into  "  for  the  word  "  in,"  in  the 
eighth  line,  and  also,  by  inserting  the  word  "the"  before  the  word 
u  Commonwealth,"  in  the  thirteenth  line. 

Mr.  MORTON,  of  Taunton,  moved  to  amend,  by  striking  the  words 
standing  as  the  fourth  article,  from  their  place  in  the  chapter,  and 
placing  them  among  the  Propositions  to  be  separately  submitted. 

Mr.  WILLIAMS,  of  Taunton,  called  for  the  yeas  and  nays  upon  this 
question  ;  but  the  call  was  not  sustained  by  one-fifth  of  the  members 
voting. 

Mr.  Morton's  amendment  was  then  rejected,  by  a  vote  of  fifty-three 
in  the  affirmative,  to  one  hundred  and  sixty-nine  in  the  negative. 


372 


JOURNAL    OF    THE    CONTENTION. 


[August  1st., 


The  question  being  upon  the  passage  of  the  first  Proposition,  con 
taining  the  Preamble,  the  Declaration  of  Rights,  and  the  Frame  of 
Government, 

Mr.  WILKINSON,  of  Dedham,  moved  to  recommit  the  Resolves,  with 
instructions  to  report  the  several  amendments  agreed  upon  by  the 
Convention,  in  such  form  and  with  such  references  to  the  parts  of  the 
existing  Constitution  proposed  to  be  altered  or  annulled,  that  each  of 
said  amendments  may  be  separately  submitted  to  the  people  for  their 
adoption  or  rejection. 

On  this  motion,  Mr.  WILKINSON  called  for  the  yeas  and  nays,  and 
they  were  ordered  by  a  vote  of  fifty-one  in  the  affirmative,  to  one 
hundred  and  eighty-one  in  the  negative. 

And  the  roll  being  called,  seventy-three  members  voted  in  the 
affirmative,  and  one  hundred  and  seventy  in  the  negative, 

So  the  motion  was  rejected. 

Those  who  voted  in  the  affirmative  are : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
"William  Aspinwall? 
Joseph  Barrows, 
Erasmus  D»  Beach, 
James  M.  Beebe, 
Jacob  Bigelow, 
Ebenezer  Bradbury,, 
Osinyn  Brewster, 
Rufus  Bullock, 
Timothy  W.  Carter, 
Rufus  Choate, 
Nathaniel  Cogswell., 
Lansing  J.  Cole, 
Charles  E.  Cook, 
George  W.  Crockett,, 
Leander  Crosby, 
Solomon  Davis, 
Hiram  S.  Deaison, 
Homer  Ely, 
William  T.  Eustis, 
A.  G.  Farwell, 
Wanton  C.  Gilbert, 
Joel  Giles, 
Nathan  Hale, 
A.  B.  Hammond, 
Elnathan  P.  Hathaway, 
Stephen  E.  Hawkes, 
George  Hayward, 
George  S.  Hillard, 
"William  Hinsdale, 
Samuel  Houghtoia, 


Messrs.  William  Hunt, 
John  Jenkins, 
Samuel  H.  Jenks, 
Giles  C.  Kellogg, 
Joseph  Knight, 
John  S.  Ladd, 
Job  G.  Law  ton,  Jr., 
Prederic  W.  Lincoln,  J} 
Isaac  Livesmore, 
Samuel  K.  Lothrop, 
Theophilus  R.  Marvin,, 
Seth  Miller,  Jr., 
George  Morey, 
Marcus  Morton, 
Henry  K.  Oliver, 
Nathan  Orcutt, 
Jamea  W.  Paige, 
AdoVphus  G.  Parker 
Samuel  B.  Parker, 
Daniel  A.  Perkins, 
William  C.  Plunkett, 
Jeremiah  Pomroy, 
Jonathan  Preston, 
James  Read, 
Sampson  Reed, 
John  Sargent, 
Charles  Sherman, 
John  S.  Sleeper, 
John  Souther, 
Caleb  Stetson, 
Charles  G.  Stevens, 
Charles  Thompson, 


JOURNAL    OF    THE    CONVENTION. 


373 


Messrs.  Edmund  P.  Tileston, 
Cyrus  Weeks, 
Thomas  Wetmore, 
Benjamin  White, 
Joel  Wilder, 


Messrs.  Ezra  Wilkinson, 
Henry  Williams, 
Milo  Wilson, 
Nathaniel  Wood, 


Those  who  voted  in  the  negative  are 

Messrs.  Shubael  P.  Adams, 
James  B.  Allen, 
Joel  C.  Allen, 
John  B.  Alley* 
Josiah  Allis, 
D.  W.  Alvord, 
Hillel  Baker, 
George  S.  Bail, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Hoses  Bates,  Jr., 
John  Seal, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
William  S.  Booth, 
George  S.  Boutweli, 
Seweli  Boutwell, 
Hiram  N.  Breed, 
Asa  Bronson, 
Adolphus  F.  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Browne!!, 
Joseph  Brownell, 
Patrick  Bryant, 
As-ahel  Buck, 
Amos  H.  Bullen, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
William.  Carruthers, 
Isaac  Case, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Daniel  E.  Chapin, 
Henry  Chapin, 
Josiak  Chiids, 
Salah  Clark, 
Alpheus  B.  Clarke, 
Sumner  Cole, 
George  B.  Crane, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Thomas  Cushman, 
Bichard  H.  Dana,  Jr., 


Isaac  Davis, 
Jtobert  T. 
Silas  Dean, 
Elijah  S.  Demingj 
Augustus  Denton,, 
Bradish  Dunham, 
John  M.  Durgin, 
PhiKp  Eames, 
John  M.  Earle, 
Peter  Easland, 
Cahin  D.  Eaton,, 


Sullivan  Fay, 
James  K.  Fellows, 
layman  Fisk, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
James  M.  Freeman, 
•Charles  A.  French, 
[Rodney  French, 
Samuel  French, 
Richard  Frothingham,  Jr. 
Johnson  Gardner, 
Elbridge  Gates, 
Washington  G  ilbert, 
Charles  G.  Giles, 
ILeonard  Gooding, 
John  W.  Graves, 
Jabes  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Charles  B.  Hall, 
Benjamin  F.  Hallett, 
'Seth  Hapgood, 
Phineas  Harmon, 
William  Haskins, 
Ezra  Heath,  2d, 
William  H.  Hewes, 
Henry  Hobart, 
George  Hood, 
Martin  Howard, 
Henry  K.  Hoyt, 


374 


JOURNAL    OF    THE    CONVENTION. 


[August  1st, 


Moses  C.  Hurlbut, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Isaac  Kendall, 
Hiram  Knight, 
J.  S.  C.  Knowlton, 
William  H.  Knowltois, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon,, 
Alden  Leland, 
Otis  Little, 
William  P.  Marble, 
Charles  Mason,. 
Simeon  Merritt, 
James  L.  Monroe,, 
El-bridge  G.  Morton^ 
Marcus  Morton,  Jr.,. 
William  S.  Morton* 
Hiram  Nash, 
Jonathan  Nayton,. 
Andrew  T.  Nute^ 
Charles  Osgood, 
E.  Wing  Packer,, 
Benjamin  Paine?, 
Henry  Paine, 
Jonathan  Parris,» 
John  Partridge, 
John  Penniman, 
Noah  C.  Perkins, 
Sylvanus  B.  Phinner,, 
Henry  Pierce, 
James  M.  Pools, 
Peter  Powers, 
John  A.  Putnam,, 
Robert  Rantoul* 
Silas  Rawson,, 
David  Rice,. 
Luther  Richard's,, 
Daniel  Richardson^ 


Messrs.  Nathan  Richardson, 

Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 
Chester  Sanderson* 
William  Schouler,, 
John  Sherril, 
Chester  Sikes, 
Perez  Simmons, 
John  W.  Simony 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooney 
Granville  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Arnold  Taft, 
Abraham  Tilton, 
William  Tyler, 
Orison  U'nderwoodv 
George  A.  Yinton, 
Frederick  T.  Wallace* 
Jreeland  Wallis, 
Amasa  Walker, 
Asa  H.  Waters, 
Gershom  B.  WestoR> 
Daniel  S.  Whitney^ 
James  S.  Whitney » 
Daniel  Wilbur, 
J.  B.  Williams, 
Henry  Wilson^ 
Willard  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


Mr.  OLIVER,  of  Lawrence,  moved  to  strike  from  its  place,  the  chap 
ter  relating  to  the  Militia,  and  place  it  among  the  Propositions  to  be 
separately  submitted. 

But  the  motion  was  rejected. 

On  motion  of  Mr.  DANA,  member  for  Manchester,  the  first  Resolve 
was  amended,  by  striking  out  the  words  "  Auditor  and  "  in  the  eighth 
line,  and  inserting  after  the  words  "  Attorney-General,"  in  the  ninth 
line,  the  words  "  Auditor,  District- Attorney,  and  County  Officers." 

On  motion  of   Mr.   MASON,  of  Fitchburg,  article  first  of  chapter 


1853." 


JOURNAL  OF  THE  CONVENTION. 


375 


second,  relating  to  the  Senate,  was  amended  by  striking  out  the  words 
«  to  be." 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  yeas  and 
xi ays  were  ordered  upon  the  passage  of  the  first  Proposition  of  the 
first  Resolve. 

And  the  roll  being  called,  one  hundred  and  seventy-four  members 
voted  in  the  affirmative,  and  fifty-eight  in  the  negative. 

So  the  Proposition  was  agreed  to. 

Those  who  voted  in  the  affirmative  are : — 


Messrs.  Shubael  P.  Adams, 
James  B.  Allen, 
Joel  C.  Allen, 
John  B.  Alley, 
Josiah  Aliis, 
D.  W.  Alvord, 
George  Austin, 
Hillel  Baker, 
George  S.  Bali, 
Alpheus  Bancroft, 
Marcus  Barrett, 
Moses  Bates,  Jr., 
Erasmus  D.  Beaeht 
John  Beal, 
Francis  W.  Bird, 
Henry  W.  Bishop, 
William  S.  Booth, 
George  S.  Bout  well,, 
Sewell  Boutwell, 
Hiram  N.  Breed, 
Asa  Bronson, 
Adoiphus  F.  Brown, 
Hammond  Brown, 
Hiram  C.  Brown, 
Frederick  Brownell, 
Joseph  Brown  eli, 
Patrick  Bryant, 
Amos  II.  Bullen, 
Anson  Burlingame, 
Benjamin  F.  Butler, 
William  Carruthers, 
Isaac  Case, 
Amariah  Chandler, 
Chester  W.  Chapin, 
Daniel  E.  Chapin, 
Henry  Chapin, 
Josiah  Childs, 
Ransom  Clark, 
Salah  Clark, 
Alpheus  B.  Clarke, 
Lansing  J.  Cole, 


Messrs.  Sumner  Cole, 

George  B.  Crane, 
Simeon  Crittenden, 
Joseph  W.  Cross, 
Henry  W.  Cushman, 
Richard  II.  Dana,  Jr., 
Isaac  Davis, 
Robert  T.  Davis, 
Silas  Dean, 
Augustus  Denton, 
Bradish  Dunham, 
John  M.  Durgin, 
Philip  Eames, 
John  M.  Earle, 
Peter  Easland, 
Calvin  D.  Eaton, 
Elisha  Edwards, 
Sullivan  Fay, 
James  K.  Fellows, 
Lyman  Fisk, 
Aaron  Foster, 
Abram  Foster, 
Samuel  Fowle, 
Charles  A.  French, 
Rodney  French, 
Samuel  French, 
Richard  Frothingham,  Jr., 
Johnson  Gardner, 
Elbridge  Gates, 
Washington  Gilbert, 
Charles  G.  Giles, 
Leonard  Gooding, 
John  W.  Graves, 
Jabez  Green, 
William  B.  Greene, 
Josiah  W.  Griswold, 
Whiting  Griswold, 
Samuel  P.  Hadley, 
Charles  B.  Hall, 
Benjamin  F.  Hallett, 
Seth  Hapgood, 


376 


JOURNAL    OF    THE    CONVENTION. 


[August  1st, 


Messrs.  Phineas  Harmon, 

Elnathan  P.  Hathaway, 
Stephen  E.  Hawkes, 
Isaac  Hayden, 
Ezra  Heath,  2d, 
William  H.  Hewes, 
Henry  Hobart, 
George  Hood, 
Martin  Howard, 
Henry  K.  Hoyt, 
Moses  C.  Hurlbut, 
Benjamin  D.  Hyde, 
Abijah  M.  Ide,  Jr., 
John  Jacobs, 
Isaac  Kendall, 
Hiram  Knight, 
Joseph  Knight, 
J.  S.  C.  Knowlton, 
William  II.  Knowlton, 
Albert  Knox, 
Gardner  P.  Ladd, 
Wilber  C.  Langdon, 
Job  G.  Lawton,  Jr., 
Alden  Leland, 
Otis  Little, 
William  P.  Marble, 
Charles  Mason, 
Simeon  Merritt, 
James  L.  Monroe, 
Elbridge  G.  Morton, 
Marcus  Morton,  Jr., 
William  S.  Morton, 
Hiram  Nash, 
Jonathan  Nay  son, 
Andrew  T.  Nute, 
'    Charles  Osgood, 
E.  Wing  Packer, 
Benjamin  Paine, 
Henry  Paine, 
Jonathan  Parris, 
John  Partridge, 
John  Penniman, 
Daniel  A.  Perkins, 
Noah  C.  Perkins, 
Sylvanus  B.  Phinney, 
Henry  Pierce, 


Messrs.  James  M.  Pool, 
Peter  Powers, 
John  A.  Putnam, 
Robert  Rantoul, 
David  Rice, 
Luther  Richards, 
Daniel  Richardson, 
Nathan  Richardson, 
Samuel  H.  Richardson, 
Elkanah  Ring,  Jr., 
John  Rogers, 
David  S.  Ross, 
James  C.  Royce, 
Amasa  Sanderson, 
John  Sherril, 
Perez  Simmons, 
John  W.  Simonds, 
Matthew  Smith, 
Melzar  Sprague, 
Samuel  W.  Spooner, 
Granville  Stevens, 
Gideon  Stiles, 
Alfred  L.  Strong, 
Arnold  Taft, 
Abraham  Tilton, 
William  Tyler, 
Orison  Underwood, 
George  A.  Yin  ton, 
[Frederick  T.  Wallace, 
Preeland  Wallis, 
Amasa  Walker, 
Asa  H.  Waters, 
Gershom  B.  Weston, 
George  White, 
Daniel  S.  Whitney, 
James  S.  Whitney, 
Daniel  Wilbur, 
J.  B.  Williams, 
Henry  Wilson, 
Willard  Wilson, 
Jonathan  B.  Winn, 
Levi  M.  Winslow, 
Charles  C.  Wood, 
Nathaniel  Wood, 
Otis  Wood, 
Ezekiel  Wright. 


Those  who  voted  in  the  negative  are  : — 


Messrs.  Benjamin  P.  Adams, 
P.  Emory  Aldrich, 
William  Aspinwall, 
Joseph.  Barrows, 


Messrs.  Russel  Bartlett, 
James  M.  Beebe, 
Jacob  Bigelow, 
Ebenezer  Bradbury, 


1853.]  JOURNAL    OF    THE    CONVENTION.  377 

Messrs.  Osmyn  Brewster,  Messrs.  Samuel  K.  Lothrop, 

Timothy  W.  Carter,  Theophilus  R.  Marvin, 

Rufus  Choate,  Seth  Miller,  Jr., 

George  W.  Crockett,  George  Morey, 

Leander  Crosby,  Marcus  Morton, 

Solomon  Davis,  Henry  K.  Oliver, 

Hiram  S.  Denison,  Nathan  Orcutt, 

Homer  Ely,  James  \V.  Paige, 

A.  G.  Farwell,  Adolphus  G.  Parker, 

Wanton  C.  Gilbert,  William  C.  Plunkett, 

Joel  Giles,  Jonathan  Preston, 

Nathan  Hale,  James  Read, 

A.  13.  Hammond,  Sampson  Reed, 

George  Hayward,  John  Sargent, 

George  S.  Hillard,  Chester  Sikes, 

William  Hinsdale,  John  S.  Sleeper, 

Samuel  Houghton,  John  Souther, 

William  Hunt,  Charles  G.  Stevens, 

Samuel  A.  Hurlburt,  Edmund  P.  Tileston, 

John  Jenkins,  Cyrus  Weeks, 

Samuel  H.  Jenks,  Benjamin  White, 

Giles  C.  Kellogg,  Joel  Wilder, 

John  S.  Ladd,  Ezra  Wilkinson, 

Frederic  W.  Lincoln,  Jr.,  Henry  Williams, 

Isaac  Livermore,  Milo  Wilson. 

The  second  Proposition,  viz. :  that  relating  to  the  "Writ  of  Habeas 
Corpus,  was  agreed  to.  by  a  vote  of  one  hundred  and  sixty-nine  in 
the  affirmative,  to  seventeen  in  the  negative. 

The  third  Proposition,  viz. :  that  relating  to  the  Rights  of  Juries,  was 
agreed  to,  by  a  vote  of  one  hundred  and  forty-nine  in  the  affirmative, 
to  fifty-six  in  the  negative. 

The  fourth  Proposition,  viz.:  that  relating  to  Claims  against  the 
Commonwealth,  was  agreed  to,  by  a  vote  of  one  hundred  and  eighty- 
three  in  the  affirmative,  to  six  in  the  negative. 

The  fifth  Proposition,  viz. :  that  relating  to  Imprisonment  for  Debt, 
was  agreed  to  by  a  vote  of  one  hundred  and  fifty-three  in  the  affirma 
tive,  to  sixteen  in  the  negative. 

The  sixth  Proposition  of  the  first  Resolve  was  amended,  on  motion 
of  Mr.  DANA,  member  for  Manchester,  by  substituting  the  words 
"  then  Proposition  numbered  six  "  for  the  word  "  it,"  in  the  last  line 
but  one. 

The  sixth  Proposition,  viz.:  that  relating  to  Sectarian  Schools,  was 
agreed  to,  by  a  vote  of  one  hundred  and  fifty-nine  in  the  affirmative, 
to  twenty-four  in  the  negative. 

The  seventh  Proposition,  viz. :  that  relating  to  General  Laws  for 
Corporations,  was  agreed  to,  by  a  vote  of  one  hundred  and  sixty-nine 
in  the  affirmative,  to  sixteen  in  the  negative. 


378  JOURNAL  or  THE  CONVENTION.  [August  1st, 

The  eighth  Proposition,  viz.:  that  relating  to  Banking,  was  agreed 
to,  by  a  vote  of  one  hundred  and  fifty -three  in  thejiffirmative,  to  thir 
ty-six  in  the  negative. 

The  first  Resolve,  and  the  accompanying  Propositions,  having  been 
passed, 

On  motion  of  Mr.  BOUTWELL,  member  for  Berlin,  the  second 
Resolve  was  amended,  by  substituting  the  words  "sealed  envelopes" 
for  the  words  "  a  sealed  envelope  "  in  the  seventh  line. 

The  Resolve  was  then  agreed  to. 

The  third  Resolve  was  then  considered,  and  the  blank  in  it  was,  on 
motion  of  Mr.  DANA,  member  for  Manchester,  filled  with  the  words 
"  the  President  of  the  Convention,  and  twenty  other  members,  to  be 
by  him  designated." 

The  Resolve  was  then  agreed  to. 

The  fourth  Resolve  was  then  considered. 

On  motion  of  Mr.  FROTHINGHAM,  of  Charlestown,  the  Resolve  was 
amended,  by  striking  out  all  after  the  word  "whole,"  in  the  third  line, 
and  inserting  instead  thereof,  the  following: — 

And  every  voter  shall  vote  on  each  Proposition  by  its  appropriate 
number,  indicating  upon  his  ballot  the  subject  of  the  Proposition,  and 
expressing  in  writing  or  printing  opposite  to  each  Proposition  the  word 
YES  or  No  ;  but  the  Propositions  shall  all  be  written  or  printed  on  one 
ballot,  in  substance  as  follows : — 

CONSTITUTIONAL   PROPOSITIONS. 

Shall  Proposition  Number  One,  containing  the  Preamble,  Declaration 
of  Rights  and  Frame  of  Government,  stand  as  the  Constitution  of 
the  Commonwealth  of  Massachusetts  ?  .  .  .  Yes  or  No. 

Shall  Proposition  Number  Tivo,  respecting  the  Habeas  Corpus,  stand 
as  part  of  the  Constitution  ?  ....  Yes  or  No. 

Shall  Proposition  Number  Three,  respecting  the  Rights  of  Juries, 
stand  as  part  of  the  Constitution  ?  ...  Yes  or  No. 

Shall  proposition  Number  Four,  respecting  Claims  against  the  Com 
monwealth,  stand  as  part  of  the  Constitution  ?  .  Yes  or  No. 

Shall  Proposition  Number  Five,  respecting  Imprisonment  for  Debt, 
stand  as  part  of  the  Constitution  ?  ...  Yes  or  No. 

Shall  Proposition  Number  Six,  respecting  Sectarian  Schools,  stand  as 
part  of  the  Constitution  ?  .  .  .  .  ".  '"  Yes  or  No. 


1853.]  JOURNAL   OF    THE    CONVENTION.  379 

Shall  Proposition  Number  Seven,  respecting  the  Creation  of  Corpora 
tions,  stand  as  part  of  the  Constitution  ?  .  .  Yes  or  No. 

Shall  Proposition  Number  Eight,  respecting  the  Formation  of  Banks, 
and  requiring  Security  for  Bank  Bills,  stand  as  part  of  the  Consti 
tution  ? Yes  or  No. 

The  Resolve  was  then  agreed  to. 

The  fifth  Resolve  was  then  considered,  and  was  amended,  by  insert 
ing  the  words,  "  The  President  and  "  before  the  word  "  Secretaries," 
in  the  third  line. 

The  Resolve  was  then  agreed  to. 

And  so  the  Resolves  and  the  accompanying  Propositions  were 
finally  adopted,  in  the  following  form : — 


(Eommontocaltf)  of 


IN   THE   YEAR   ONE   THOUSAND    EIGHT   HUNDRED   AND    FIFTY-THREE. 

RESOLVES. 

In  the  Convention  of  the  Delegates  of  the  People  assembled  in  Boston, 
on  the  first  Wednesday  of  May,  in  the  year  one  thousand  eight 
hundred  and  fifty-three,  for  the  purpose  of  Revising  and  Amending 
the  Constitution  of  this  Commonwealth. 

Resolved,  That  the  Revised  Constitution,  proposed  by  said  Conven 
tion,  be  submitted  to  the  people  of  the  Commonwealth  for  their  ratifi 
cation  and  adoption,  in  the  manner  following,  viz.  :  — 

I.  The  Preamble  ;  A  Declaration  of  the  Rights  of  the  Inhabitants 
of  the  Commonwealth  of  Massachusetts  ;  The  Frame  of  Govern 
ment,  with  its  Preamble  and  Chapters  numbered  One,  Two,  Three, 
Four,  Five,  Six,  Seven,  Eight,  Nine,  Ten,  Eleven,  Twelve,  Thirteen, 
and  Fourteen,  entitled,  respectively,  General  Court,  —  Senate,  —  House 
of  Representatives,  —  Governor,  —  Lieutenant-  Governor,  —  Council,  — 
Secretary,  Treasurer,  Attorney-  General,  Auditor,  District-  Attorney,  and 
County  Officers,  —  Judiciary  Power,  —  Qualifications  of  Voters  and 
Elections,  —  Oaths  and  Subscriptions,  —  Militia,  —  The  University  at 
Cambridge,  The  School  Fund  and  the  Encouragement  of  Literature,  — 
Miscellaneous  Provisions,  —  Revisions  and  Amendments  of  the  Con 
stitution  —  as  a  distinct  Proposition,  numbered  "  One." 


380  JOURNAL    OF    THE    CONVENTION.  [August  1st, 

If  this  Proposition,  so  submitted,  shall  be  ratified  and  adopted  by  a 
majority  of  the  legal  voters  of  the  Commonwealth,  present  and  voting 
thereon,  at  meetings  duly  called,  then  the  same  shall  be  the  Constitu 
tion  of  the  Commonwealth  of  Massachusetts. 

II.  The  provision  respecting  the  granting  of  the  Writ  of  Habeas 
Corpus,  as  a  Proposition,  numbered  "  Two." 

If  this  Proposition  be  ratified  and  adopted,  it  shall  be  an  addition  to 
the  provision  respecting  the  Habeas  Corpus. 

III.  The    provision   respecting   the    Rights  of  Juries  in  criminal 
trials  as  a  Proposition,  numbered  "  Three." 

If  this  Proposition  be  ratified  and  adopted,  it  shall  be  an  addition  to 
the  article  in  the  Declaration  of  Rights,  respecting  the  rights  of  per 
sons  charged  with  crimes. 

IV.  The  provision  respecting  Claims  against  the  Commonwealth, 
as  a  Proposition,  numbered  "  Four." 

If  this  Proposition  be  ratified  and  adopted,  it  shall  be  an  addition  to 
Article  XL,  of  the  Declaration  of  Rights. 

V.  The  provision  respecting  Imprisonment  for  Debt,  as  a  Proposi 
tion,  "  numbered  Five." 

If  this  Proposition  be  adopted,  it  shall  be  an  addition  to  the  Article 
in  the  Declaration  of  Rights  respecting  excessive  bail  and  fines. 

VI.  The  provision  respecting   Sectarian  Schools,  as  a  Proposition, 
numbered  "  Six." 

If  this  Proposition  be  ratified  and  adopted,  it  shall  be  an  addition  to 
Article  IV.  of  Chapter  XII.,  entitled,  "  The  University  at  Cambridge, 
The  School  Fund,  and  the  Encouragement  of  Literature."  If  Propo 
sition  numbered  "  One"  shall  not  be  adopted,  then  Proposition  num 
bered  "  Six"  shall  be  added  as  an  amendment  to  the  Constitution. 

VII.  The    provision   respecting   Corporations,  as    a    Proposition, 
numbered  "  Seven." 

VIII.  The  Proposition  respecting  Banks  and  Banking,  as  a  Propo 
sition,  numbered  "  Eight." 

If  the  Propositions  numbered  "  Seven  "  and  "  Eight"  be  ratified  and 
confirmed,  they  shall  be  added  as  separate  articles,  or  if  either  of  them 
be  ratified  and  confirmed,"as  an  article  in  Chapter  XI1L,  entitled, 
"  Miscellaneous  Provisions." 

If  Proposition  numbered  "  One "  be  not  ratified  and  confirmed, 
they  shall  be  added  as  amendments  to  the  Constitution. 


1853.]  JOURNAL    OF    THE    CONTENTION.  381 

Eesolved,  That  at  the  meetings  for  the  election  of  Governor,  Sen 
ators  and  Representatives  to  the  General  Court,  to  be  holden  on  the 
second  Monday  in  November,  in  the  year  one  thousand  eight  hundred 
and  fifty-three,  the  qualified  voters  of  the  several  towns  and  cities 
shall  vote  by  ballot  upon  each  of  the  Propositions  aforesaid,  for  or 
against  the  same,  which  ballots  shall  be  enclosed  within  sealed  envel 
opes,  according  to  the  provisions  of  an  Act  of  this  Commonwealth, 
passed  on  the  twenty-second  day  of  May,  in  the  year  eighteen  hun 
dred  and  fifty-one,  and  an  Act  passed  the  twentieth  day  of  May,  in 
the  year  eighteen  hundred  and  fifty-two,  and  no  ballots  not  so  enclosed 
shall  be  received.  And  said  votes  shall  be  received,  sorted,  counted, 
declared,  and  recorded,  in  open  meeting,  in  the  same  manner  as  is  by 
law  provided  in  reference  to  votes  for  governor,  and  a  true  copy  of 
the  record  of  said  votes,  attested  by  the  selectmen  and  town  clerk  of 
each  of  the  several  towns,  and  the  mayor  and  aldermen,  and  city 
clerk  of  each  of  the  several  cities,  shall  be  sealed  up  by  said  select 
men  and  mayor  and  aldermen,  and  directed  to  the  Secretary  of  the 
Commonwealth,  with  a  superscription  expressing  the  purport  of  the 
contents  thereof,  and  delivered  to  the  sheriff  of  the  county  within 
fifteen  days  after  said  meetings,  to  be  by  him  transmitted  to  the 
secretary's  office,  on  or  before  the  third  Monday  of  December  next; 
or,  the  said  selectmen  and  mayor  and  aldermen  shall  themselves 
transmit  the  same  to  the  secretary's  office,  on  or  before  the  day  last 
aforesaid. 

Resolved,  That  the  Secretary  shall  deliver  said  copies,  so  transmit 
ted  to  him,  to  a  Committee  of  this  Convention,  consisting  of  the 
President  of  the  Convention,  and  twenty  other  members,  to  be  by 
him  designated,  who  shall  assemble  at  the  State  House,  on  the  third 
Monday  of  December  next,  and  open  the  same,  and  examine  and 
count  the  votes  so  returned;  arid  if  it  shall  appear  that  either  of  said 
Propositions  has  been  adopted  by  a  majority  of  votes,  then  the  Propo 
sition  so  adopted  shall  become  and  be  either  the  whole  or  a  portion 
of  the  Constitution  of  this  Commonwealth,  as  hereinbefore  provided, 
and  the  said  Committee  shall  promulgate  the  results  of  said  votes 
upon  each  of  said  Propositions,  by  causing  the  same  to  be  published 
in  those  newspapers  in  which  the  laws  are  now  published ;  and  shall 
also  notify  the  Governor  and  Legislature,  as  soon  as  may  be,  of  the 
said  results ;  and  the  Governor  shall  forthwith  make  public  proclama 
tion  of  the  fact  of  the  adoption  of  either  or  all  of  said  Proposi 
tions,  as  the  whole  or  as  parts  of  the  Constitution  of  this  Com 
monwealth. 


382  JOURNAL    OF   THE    CONVENTION.  [August  1st, 

Resolved,  That  each  of  said  Propositions  shall  be  considered  as  a 
whole  by  itself,  to  be  adopted  in  the  whole,  or  rejected  in  the  whole. 
And  every  voter  shall  vote  on  each  Proposition  by  its  appropriate 
number,  indicating  upon  his  ballot  the  subject  of  the  Proposition,  and 
expressing  in  writing  or  printing  opposite  to  each  Proposition  the  word 
YES  or  No ;  but  the  Propositions  shall  be  written  or  printed  on  one 
ballot,  in  substance  as  follows : 

CONSTITUTIONAL    PROPOSITIONS. 

Shall  Proposition  Number  One,  containing  the  Preamble,  Declaration 
of  Rights  and  Frame  of  Government,  stand  as  the  Constitution  of 
the  Commonwealth  of  Massachusetts  ?  .  .  Yes  or  No. 

Shall  proposition  Number  Two,  respecting  the  Habeas  Corpus,  stand 
as  part  of  the  Constitution  ? Yes  or  No. 

Shall  Proposition  Number  Tliree,  respecting  the  Rights  of  Juries,  stand 
as  part  of  the  Constitution? Yes  or  No. 

Shall  Proposition  Number  Four,  respecting  Claims  against  the  Com 
monwealth,  stand  as  part  of  the  Constitution  ?  .  Yes  or  No. 

Shall  Proposition  Number  Five,  respecting  Imprisonment  for  Debt, 
stand  as  part  of  the  Constitution  ?  ...  Yes  or  No. 

Shall  Proposition  Number  Six,  respecting  Sectarian  Schools,  stand  as 
part  of  the  Constitution  ? Yes  or  No. 

Shall  Proposition  Number  Seven,  respecting  the  Creation  of  Corpora 
tions,  stand  as  part  of  the  Constitution  ?  .  .  Yes  or  No. 

Shall  Proposition  Number  Eight,  respecting  the  Formation  of  Banks, 
and  requiring  Security  for  Bank  Bills,  stand  as  part  of  the  Consti 
tution  ? Yes  or  No. 

Resolved,  That  a  printed  copy  of  these  Resolutions,  with  the  several 
Constitutional  Propositions  annexed,  shall  be  attested  by  the  President 
and  Secretaries  of  the  Convention,  and  transmitted  by  them,  as  soon 
as  may  be,  to  the  selectmen  of  each  town,  and  the  mayor  and  alder 
men  of  each  city,  in  the  Commonwealth,  whose  duty  it  shall  be  to 
insert  a  proper  article  in  reference  to  the  voting  upon  said  Propositions, 
in  the  warrant  calling  the  meetings  aforesaid,  on  the  second  Monday 
of  November  next. 


1853.]  JOURNAL    OF    THE    CONVENTION.  383 


PROPOSITION    NUMBER    ONE. 

CONSTITUTION,  OR  FORM  OF  GOVERNMENT  OF  THE  COMMONWEALTH 

OF  MASSACHUSETTS. 

PREAMBLE. 

The  end  of  the  institution,  maintenance,  and  administration  of 
government,  is  to  secure  the  existence  of  the  body  politic ;  to  protect 
it;  and  to  furnish  the  individuals  who  compose  it,  with  the  power  of 
enjoying,  in  safety  and  tranquillity,  their  natural  rights  and  the  bless 
ings  of  life;  and  whenever  these  great  objects  are  not  obtained,  the 
people  have  a  right  to  alter  the  government,  and  to  take  measures 
necessary  for  their  safety,  prosperity,  and  happiness. 

The  body  politic  is  formed  by  a  voluntary  association  of  individ 
uals ;  it  is  a  social  compact,  by  which  the  whole  people  covenants 
with  each  citizen,  and  each  citizen  with  the  whole  people,  that  all 
shall  be  governed  by  certain  laws  for  the  common  good.  It  is  the  duty 
of  the  people,  therefore,  in  framing  a  constitution  of  government,  to 
provide  for  an  equitable  mode  of  making  laws,  as  well  as  for  an  im 
partial  interpretation,  and  a  faithful  execution  of  them;  that  every 
man  may,  at  all  times,  find  his  security  in  them. 

We,  therefore,  the  People  of  Massachusetts,  acknowledging  with 
grateful  hearts,  the  great  Legislator  of  the  universe,  in  affording  us,  in 
the  course  of  his  providence,  an  opportunity,  deliberately  and  peace 
ably,  without  fraud,  violence,  or  surprise,  of  entering  into  an  original, 
explicit,  and  solemn  compact  with  each  other;  and  of  forming  a  new 
constitution  of  civil  government  for  ourselves  and  posterity;  and  de 
voutly  imploring  his  direction  in  so  interesting  a  design,  do  agree 
upon,  ordain,  and  establish  the  following,  Declaration  of  Rights,  and 
Frame  of  Government,  as  the  CONSTITUTION  OF  THE  COMMONWEALTH 
OF  MASSACHUSETTS. 

A  DECLARATION 

Of  the  Rig-Jits  of  the  Inhabitants  of  the   Commonwealth  of  Massa 
chusetts. 

ARTICLE  1.  All  men  are  born  free  and  equal,  and  have  certain  nat 
ural,  essential,  and  unalienable  rights  ;  among  which  may  be  reckoned 
the  right  of  enjoying  and  defending  their  lives  and  liberties ;  that  of 
acquiring,  possessing  and  protecting  property;  in  fine,  that  of  seeking 
and  obtaining  their  safety  and  happiness. 


384  JOURNAL    OF    THE    CONVENTION. 


[August  1st, 


ART.  2.  It  is  the  right  as  well  as  the  duty  of  all  men  in  society, 
publicly,  and  at  stated  seasons,  to  worship  the  SUPREME  BEING, 
the  great  Creator  and  Preserver  of  the  Universe.  And  no  subject 
shall  be  hurt,  molested,  or  restrained,  in  his  person,  liberty,  or  estate, 
for  worshipping  GOD  in  the  manner  and  season  most  agreeable  to  the 
dictates  of  his  own  conscience  ;  or  for  his  religious  profession  or  sen 
timents  ;  provided  he  doth  not  disturb  the  public  peace,  or  obstruct 
others  in  their  religious  worship. 

ART.  3.  As  the  public  worship  of  God,  and  instructions  in  piety, 
religion,  and  morality,  promote  the  happiness  and  prosperity  of  a  peo 
ple,  and  the  security  of  a  republican  government ;  therefore,  the  seve 
ral  religious  societies  of  this  Commonwealth,  whether  corporate  or 
unincorporate,  at  any  meeting  legally  warned  and  holden  for  that  pur 
pose,  shall  ever  have  the  right  to  elect  their  pastors  or  religious  teach 
ers,  to  contract  with  them  for  their  support,  to  raise  money  for  erecting 
and  repairing  houses  for  public  worship,  for  the  maintenance  of  reli 
gious  instruction,  and  for  the  payment  of  necessary  expenses :  And 
all  persons  belonging  to  any  religious  society  shall  be  taken  and  held 
to  be  members,  until  they  shall  file  with  the  clerk  of  such  society  a 
written  notice  declaring  the  dissolution  of  their  membership,  and 
thenceforth  shall  not  be  liable  for  any  grant  or  contract  which  may 
be  thereafter  made  or  entered  into  by  such  society :  And  all  religious 
sects  and  denominations,  demeaning  themselves  peaceably,  and  as  good 
citizens  of  the  Commonwealth,  shall  be  equally  under  the  protection 
of  the  law ;  and  no  subordination  of  any  one  sect  or  denomination  to 
another  shall  ever  be  established  by  law. 

ART.  4.  The  people  of  this  Commonwealth  have  the  sole  and 
exclusive  right  of  governing  themselves,  as  a  free,  sovereign  and  inde 
pendent  State ;  and  do,  and  forever  hereafter  shall,  exercise  and 
enjoy  every  power,  jurisdiction,  and  right,  which  is  not,  or  may  not 
hereafter,  be  by  them  expressly  delegated  to  the  United  States  of 
America,  in  Congress  assembled. 

ART.  5.  All  power  residing  originally  in  the  people,  and  being 
derived  from  them,  the  several  magistrates  and  officers  of  government 
vested  with  authority,  whether  legislative,  executive,  or  judicial,  are 
their  substitutes  and  agents,  and  are  at  all  times  accountable  to  them. 

ART.  6.  No  man,  nor  corporation,  or  association  of  men,  have  any 
other  title  to  obtain  advantages,  or  particular  and  exclusive  privileges, 
distinct  from  those  of  the  community,  than  what  arises  from  the  con 
sideration  of  services  rendered  to  the  public ;  and  this  title  being  in 


1853,]  JOURNAL   OF    THE    CONVENTION.  385 

nature  neither  hereditary,  nor  transmissible  to  children,  or  descendants, 
or  relations  by  blood,  the  idea  of  a  man  being  born  a  magistrate,  law 
giver,  or  judge,  is  absurd  and  unnatural. 

ART.  7.  Government  is  instituted  for  the  common  good ;  for  the 
protection,  safety,  prosperity,  and  happiness  of  the  people ;  and  not 
for  the  profit,  honor,  or  private  interest  of  any  one  man,  family,  or 
class  of  men:  Therefore  the  people  alone  have  an  incontestible, 
unalienable,  and  indefeasible  right  to  institute  government ;  and  to 
reform,  alter,  or  totally  change  the  same,  when  their  protection,  safety, 
prosperity,  and  happiness  require  it 

ART.  8.  In  order  to  prevent  those  who  are  vested  with  authority, 
from  becoming  oppressors,  the  people  have  a  right,  at  such  periods, 
and  in  such  manner,  as  they  shall  establish  by  their  frame  of  govern 
ment,  to  cause  their  public  officers  to  return  to  private  life ;  and  to  fill 
up  vacant  places  by  certain  and  regular  elections  and  appointments. 

ART.  9.  All  elections  ought  to  be  free;  and  all  the  inhabitants  of 
this  Commonwealth,  having  such  qualifications  as  they  shall  establish 
by  their  frame  of  government,  have  an  equal  right  to  elect  officers, 
and  to  be  elected,  for  public  employments. 

ART.  10.  Each  individual  of  the  society  has  a  right  to  be  protected 
by  it  in  the  enjoyment  of  his  life,  liberty,  and  property,  according  to 
standing  laws.  He  is  obliged,  consequently,  to  contribute  his  share 
to  the  expense  of  this  protection ;  to  give  his  personal  service,  or  an 
equivalent,  when  necessary;  but  no  part  of  the  property  of  any  indi 
vidual  can,  with  justice,  be  taken  from  him,  or  applied  to  public  uses, 
without  his  own  consent,  or  that  of  the  representative  body  of  the 
people.  In  fine,  the  people  of  this  Commonwealth  are  not  controlla 
ble  by  any  other  laws,  than  those  to  which  their  constitutional  repre 
sentative  body  have  given  their  consent.  And  whenever  the  public 
exigencies  require  that  the  property  of  any  individual  should  be  appro 
priated  to  public  uses,  he  shall  receive  a  reasonable  compensation 
therefor. 

ART.  11.  Every  subject  of  the  Commonwealth  ought  to  find  a 
certain  remedy,  by  having  recourse  to  the  laws,  for  all  injuries  or 
wrongs  which  he  may  receive  in  his  person,  property,  or  character. 
He  ought  to  obtain  right  and  justice  freely,  and  without  being  obliged 
to  purchase  it;  completely,  and  without  any  denial;  promptly,  and 
without  delay ;  conformably  to  the  laws. 

ART.  12.     The  privilege  and  benefit  of  the  writ  of  habeas  corpus 

25 


386  JOURNAL    OF    THE    CONVENTION.  [August  1st, 

shall  be  enjoyed,  in  this  Commonwealth,  in  the  most  free,  easy,  cheap, 
expeditious,  and  ample  manner;  and  shall  not  be  suspended  by  the 
Legislature,  except  upon  the  most  urgent  and  pressing  occasions,  and 
for  a  limited  time,  not  exceeding  twelve  months. 

ART.  13.  No  subject  shall  be  held  to  answer  for  any  crimes  or 
offence,  until  the  same  is  fully  and  plainly,  substantially  and  formally, 
described  to  him ;  or  be  compelled  to  accuse,  or  furnish  evidence 
against  himself;  and  every  subject  shall  have  a  right  to  produce  all 
proofs,  that  may  be  favorable  to  him ;  to  meet  the  witnesses  against 
him  face  to  face,  and  to  be  fully  heard  in  his  defence  by  himself,  or 
his  counsel,  at  his  election:  and  no  subject  shall  be  arrested,  impri 
soned,  despoiled,  or  deprived  of  his  property,  immunities,  or  privileges, 
put  out  of  the  protection  of  the  law,  exiled,  or  deprived  of  his  life, 
liberty,  or  estate,  but  by  the  judgment  of  his  peers,  or  the  law  of  the 
land.  And  the  Legislature  shall  not  make  any  law  that  shall  subject 
any  person  to  a  capital  or  infamous  punishment,  excepting  for  the 
government  of  the  army  and  navy,  without  trial  by  jury. 

ART.  14.  In  criminal  prosecutions,  the  verification  of  facts  in  the 
vicinity  where  they  happen,  is  one  of  the  greatest  securities  of  the 
life,  liberty,  and  property  of  the  citizen. 

ART.  15.  Every  subject  has  a  right  to  be  secure  from  all  unreason 
able  searches  and  seizures  of  his  person,  his  houses,  his  papers,  and  all 
his  possessions.  All  warrants,  therefore,  are  contrary  to  this  right,  if 
the  cause  or  foundation  of  them  be  not  previously  supported  by  oath 
or  affirmation ;  and  if  the  order  in  the  warrant  to  a  civil  officer,  to 
make  search  in  suspected  places,  or  to  arrest  one  or  more  suspected 
persons,  or  to  seize  their  property,  be  not  accompanied  with  a  special 
designation  of  the  persons  or  objects  of  search,  arrest,  or  seizure  ;  and 
no  warrant  ought  to  be  issued  but  in  cases,  and  with  the  formalities, 
prescribed  by  the  laws. 

ART.  16.  In  all  controversies  concerning  property,  and  in  all  suits 
between  two  or  more  persons,  except  in  cases  in  which  it  has  hereto 
fore  been  otherwaysused  and  practised,  the  parties  have  a  right  to  a  trial 
by  jury  ;  and  this  method  of  procedure  shall  be  held  sacred,  unless,  in 
causes  arising  on  the  high  seas,  and  such  as  relate  to  mariners'  wages, 
the  Legislature  shall  hereafter  find  it  necessary  to  alter  it. 

ART.  17.  The  liberty  of  the  press  is  essential  to  the  security  of 
freedom  in  a  state :  it  ought  not,  therefore,  to  be  restrained  in  this 
Commonwealth. 


1853.] 


JOURNAL   OF    THE    CONVENTION.  387 


ART.  18.  The  people  have  a  right  to  keep  and  to  bear  arms  for 
the  common  defence ;  and,  as  in  time  of  peace,  armies  are  dangerous 
to  liberty,  they  ought  not  to  be  maintained  without  the  consent  of 
the  Legislature ;  and  the  military  power  shall  always  be  held  in  an 
exact  subordination  to  the  civil  authority,  and  be  governed  by  it. 

ART.  19.  A  frequent  recurrence  to  the  fundamental  principles  of 
the  Constitution,  and  a  constant  adherence  to  those  of  piety,  justice, 
moderation,  temperance,  industry  and  frugality,  are  absolutely  neces 
sary  to  preserve  the  advantages  of  liberty,  and  to  maintain  a  free 
government.  The  people  ought,  consequently,  to  have  a  particular 
attention  to  all  those  principles,  in  the  choice  of  their  officers  and 
representatives;  and  they  have  a  right  to  require  of  their  lawgivers 
and  magistrates,  an  exact  and  constant  observance  of  them,  in  the 
formation  and  execution  of  the  laws  necessary  for  the  good  adminis 
tration  of  the  Commonwealth. 

ART.  20.  The  people  have  a  right,  in  an  orderly  and  peaceable 
manner,  to  assemble  to  consult  upon  the  common  good ;  give 
instructions  to  their  representatives ;  and  to  request  of  the  legislative 
body,  by  the  way  of  addresses,  petitions,  or  remonstrances,  redress  of 
the  wrongs  done  them,  and  the  grievances  they  suffer. 

ART.  21.  The  power  of  suspending  the  laws,  or  the  execution  of 
the  laws,  ought  never  to  be  exercised  but  by  the  Legislature,  or  by 
authority  derived  from  it,  to  be  exercised  in  such  particular  cases  only 
as  the  Legislature  shall  expressly  provide  for. 

ART.  22.  The  freedom  of  deliberation,  speech  and  debate,  in  either 
House  of  the  Legislature,  is  so  essential  to  the  rights  of  the  people, 
that  it  cannot  be  the  foundation  of  any  accusation  or  prosecution, 
action  or  complaint,  in  any  other  court  or  place  whatsoever. 

ART.  23.  The  Legislature  ought  frequently  to  assemble  for  the 
redress  of  grievances,  for  correcting,  strengthening,  and  confirming  the 
laws,  and  for  making  new  laws,  as  the  common  good  may  require. 

ART.  24.  No  subsidy,  charge,  tax,  impost,  or  duties,  ought  to  be 
established,  fixed,  laid,  or  levied,  under  any  pretext  whatsoever,  with 
out  the  consent  of  the  people,  or  their  representatives  in  the  Legisla 
ture. 

ART.  25.  Laws  made  to  punish  for  actions  done  before  the  exis 
tence  of  such  laws,  and  which  have  not  been  declared  crimes  by  pre 
ceding  laws,  are  unjust,  oppressive,  and  inconsistent  with  the  funda 
mental  principles  of  a  free  government. 


388  JOURNAL    OF    THE    CONTENTION.  [August  1st, 

ART.  26.  No  subject  ought,  in  any  case,  or  in  any  time,  to  be  de 
clared  guilty  of  treason  or  felony  by  the  Legislature. 

ART.  27.  No  magistrate  or  court  of  law  shall  demand  excessive 
bail  or  sureties,  impose  excessive  fines,  or  inflict  cruel  or  unusual  pun 
ishments. 

ART.  28.  In  time  of  peace,  no  soldier  ought  to  be  quartered  in 
any  house  without  the  consent  of  the  owner;  and  in  time  of  war, 
such  quarters  ought  not  to  be  made  but  by  the  civil  magistrate,  in  a 
manner  ordained  by  the  Legislature. 

ART.  29.  No  person  can  in  any  case  be  subjected  to  law  martial, 
or  to  any  penalties  or  pains,  by  virtue  of  that  law,  except  those  em 
ployed  in  the  army  or  navy,  and  except  the  militia  in  actual  service, 
but  by  authority  of  the  Legislature. 

ART.  30.  It  is  essential  to  the  preservation  of  the  rights  of  every 
individual,  his  life,  liberty,  property  and  character,  that  there  be  an 
impartial  interpretation  of  the  laws,  and  administration  of  justice. 
It  is  the  right  of  every  citizen  to  be  tried  by  judges  as  free,  impartial 
and  independent,  as  the  lot  of  humanity  will  admit.  It  is  therefore 
not  only  the  best  policy,  but  for  the  security  of  the  rights  of  the  peo 
ple,  and  of  every  citizen,  that  the  judges  of  the  Supreme  Judicial 
Court  should  hold  their  offices  by  tenures  established  by  the  Constitu 
tion,  and  should  have  honorable  salaries,  which  shall  not  be  diminished 
during  their  continuance  in  office. 

ART.  31.  In  the  government  of  this  Commonwealth,  the  legisla 
tive  department  shall  never  exercise  the  executive  and  judicial  powers, 
or  either  of  them :  the  executive  shall  never  exercise  the  legislative 
and  judicial  powers,  or  either  of  them  :  the  judicial  shall  never  exer 
cise  the  legislative  and  executive  powers,  or  either  of  them :  to  the 
end  it  may  be  a  government  of  laws  and  not  of  men. 

THE   FRAME    OF    GOVERNMENT. 

The  people,  inhabiting  the  territory  formerly  called  the  Province  of 
Massachusetts  Bay,  do  hereby  solemnly  and  mutually  agree  with 
each  other,  to  form  themselves  into  a  free,  sovereign,  and  independent 
body  politic  or  state,  by  the  name  of  THE  COMMONWEALTH  OF  MASSA 
CHUSETTS. 


1853.]  JOURNAL    OF    THE    CONVENTION.  389 


CHAPTER    I. 

General  Court. 

ARTICLE  1.  The  department  of  legislation  shall  be  styled  the 
General  Court  of  Massachusetts.  It  shall  consist  of  two  branches,  a 
Senate  and  a  House  of  Representatives,  each  of  which  shall  have  a 
negative  upon  the  other. 

ART.  2.  The  political  year  shall  begin  on  the  first  "Wednesday  in 
January;  and  the  General  Court  shall  assemble  every  year  on  the 
said  first  Wednesday  in  January,  and  shall  be  dissolved  on  the  day 
next  preceding  the  first  Wednesday  in  January  following,  without 
any  proclamation  or  other  act  of  the  governor.  But  nothing  herein 
contained  shall  prevent  the  General  Court  from  assembling  at  such 
other  times  as  they  shall  judge  necessary,  or  when  called  together  by 
the  governor. 

ART.  3.  The  compensation  of  members  of  the  General  Court 
shall  be  established  by  standing  laws ;  but  no  act  increasing  the  com 
pensation  shall  apply  to  the  General  Court  which  passes  such  act;  and 
no  compensation  shall  be  allowed  for  attendance  of  members  at  any 
one  session  for  a  longer  time  than  one  hundred  days. 

ART.  4.  No  bill  or  resolve  of  the  Senate  or  House  of  Representa 
tives  shall  become  a  law,  and  have  force  as  such,  until  it  shall  have 
been  laid  before  the  governor  for  his  revisal ;  and  if  he,  upon  such 
revision,  approve  thereof,  he  shall  signify  his  approbation  by  signing 
the  same.  But  if  he  have  any  objection  to  the  passing  of  such  bill 
or  resolve,  he  shall  return  the  same,  together  with  his  objections 
thereto,  in  writing,  to  the  Senate  or  House  of  Representatives,  in 
whichsoever  the  same  shall  have  originated ;  who  shall  enter  the 
objections  sent  down  by  the  governor,  at  large,  on  their  records,  and 
proceed  to  reconsider  the  said  bill  or  resolve  :  but  if,  after  such  recon 
sideration,  two-thirds  of  the  said  Senate  or  House  of  Representatives, 
present,  shall,  notwithstanding  the  said  objections,  agree  to  pass  the 
same,  it  shall,  together  with  the  objections,  be  sent  to  the  other  branch 
of  the  Legislature,  where  it  shall  also  be  reconsidered,  and  if  approved 
by  two-thirds  of  the  members  present,  shall  have  the  force  of  a  law: 
but,  in  all  such  cases,  the  votes  of  both  Houses  shall  be  determined 
by  yeas  and  nays ;  and  the  names  of  the  persons  voting  for,  or 
against,  the  said  bill  or  resolve,  shall  be  entered  upon  the  public 
records  of  the  Commonwealth. 

And  in  order  to  prevent  unnecessary  delays,  if  any  bill  or  resolve 


390  JOURNAL   OF   THE    CONVENTION.  [August  1st, 

shall  not  be  returned  by  the  governor,  within  five  days  after  it  shall 
have  been  presented  to  him,  the  same  shall  have  the  force  of  a  law. 

But  if  any  bill  or  resolve  shall  be  objected  to  and  not  approved  by 
the  governor,  and  if  the  General  Court  shall  adjourn  within  five  days 
after  the  same  shall  have  been  laid  before  the  governor  for  his  appro 
bation,  and  thereby  prevent  his  returning  it,  with  his  objections,  as 
provided  by  the  Constitution,  such  bill  or  resolve  shall  not  become  a 
law,  nor  have  force  as  such. 

ART.  5.  The  General  Court  shall  forever  have  full  power  and 
authority  to  erect  and  constitute  judicatories  and  courts  of  record,  or 
other  courts,  to  be  held  in  the  name  of  the  Commonwealth,  for  the 
hearing,  trying,  and  determining  of  all  manner  of  crimes,  offences, 
pleas,  processes,  plaints,  actions,  matters,  causes  and  things,  whatso 
ever,  arising  or  happening  within  the  Commonwealth,  or  between  or 
concerning  persons  inhabiting,  or  residing,  or  brought  within  the 
same ;  whether  the  same  be  criminal  or  civil,  or  whether  the  said 
crimes  be  capital  or  not  capital,  and  whether  the  said  pleas  be  real, 
personal,  or  mixt;  and  for  the  awarding  and  making  out  of  execution 
thereupon :  to  which  courts  and  judicatories  are  hereby  given  and 
granted  full  power  and  authority,  from  time  to  time,  to  administer 
oaths  or  affirmations,  for  the  better  discovery  of  truth  in  any  matter 
in  controversy,  or  depending  before  them. 

ART.  6.  The  General  Court  shall  have  power  to  make  laws  regu 
lating  marriage,  divorce  and  alimony,  but  shall  in  no  case  decree  a 
divorce,  or  hear  and  determine  any  causes  touching  the  validity  of  the 
marriage  contract. 

ART.  7.  And  further,  full  power  and  authority  are  hereby  given 
and  granted  to  the  said  General  Court,  from  time  to  time,  to  make, 
ordain,  and  establish,  all  manner  of  wholesome  and  reasonable  orders, 
laws,  statutes,  and  ordinances,  directions  and  instructions,  either  with 
penalties  or  without;  so  as  the  same  be  not  repugnant  or  contrary  to 
this  Constitution,  as  they  shall  judge  to  be  for  the  good  and  welfare 
of  this  Commonwealth,  and  for  the  government  and  ordering  thereof, 
and  of  the  subjects  of  the  same,  and  for  the  necessary  support  and 
defence  of  the  government  thereof;  and  to  name  and  settle  annually, 
or  provide,  by  fixed  laws,  for  the  naming  and  settling  all  civil  officers 
within  the  said  Commonwealth,  the  election  and  constitution  of  whom 
are  not  hereafter  in  this  form  of  government  otherwise  provided  for; 
and  to  set  forth  the  several  duties,  powers,  and  limits,  of  the  several 
civil  and  military  officers  of  this  Commonwealth,  and  the  forms  of 
such  oaths  or  affirmations  as  shall  be  respectively  administered  unto 


1853.] 


JOURNAL   OF    THE    CONVENTION.  391 


them  for  the  execution  of  their  several  offices  and  places,  so  as  the 
same  be  not  repugnant  or  contrary  to  this  Constitution ;  and  to  impose 
and  levy  proportional  and  reasonable  assessments,  rates,  and  taxes, 
upon  all  the  inhabitants  of,  and  persons  resident,  and  estates  lying 
within  the  said  Commonwealth  ;  and  also  to  impose  and  levy  reason 
able  duties  and  excises  upon  any  produce,  goods,  wares,  merchandise, 
and  commodities,  whatsoever,  brought  into,  produced,  manufactured, 
or  being  within  the  same;  to  be  issued  and  disposed  of  by  warrant, 
under  the  hand  of  the  governor  of  this  Commonwealth  for  the  time 
being,  with  the  advice  and  consent  of  the  council  for  the  public  ser 
vice,  in  the  necessary  defence  and  support  of  the  government  of  the 
said  Commonwealth,  and  the  protection  and  preservation  of  the  sub 
jects  thereof,  according  to  such  acts  as  are  or  shall  be  in  force  within 
the  same. 

ART.  8.  The  General  Court  shall  have  full  power  and  authority  to 
erect  and  constitute  municipal  or  city  governments  in  any  corporate 
town  or  towns  in  this  Commonwealth,  and  to  grant  to  the  inhabitants 
thereof,  such  powers,  privileges  and  immunities,  not  repugnant  to  the 
Constitution,  as  the  General  Court  shall  deem  necessary  or  expedient 
for  the  regulation  and  government  thereof,  and  to  prescribe  the 
manner  of  calling  and  holding  public  meetings  of  the  inhabitants  in 
wards,  or  otherwise,  for  the  election  of  officers  under  the  Constitution, 
and  the  manner  of  returning  the  votes  given  at  such  meetings:  pro 
vided,  that  no  such  government  shall  be  erected  or  constituted  in  any 
town  not  containing  twelve  thousand  inhabitants  ;  nor  unless  it  be 
with  the  consent  and  on  the  application  of  a  majority  of  the  inhabi 
tants  of  such  town,  present  and  voting  thereon,  pursuant  to  a  vote  at 
a  meeting  duly  warned  and  holden  for  that  purpose  :  and  provided^ 
also,  that  all  by-laws,  made  by  such  municipal  or  city  government, 
shall  be  subject,  at  all  times,  to  be  annulled  by  the  General  Court. 

ART.  9.  Each  branch  of  the  General  Court  shall  have  authority  to 
punish,  by  imprisonment,  every  person,  not  one  of  its  members,  who 
shall  be  guilty  of  disrespect  thereto,  by  any  disorderly  or  contemptuous 
behavior,  in  its  presence ;  or  who,  in  the  town  or  city  where  the 
General  Court  is  sitting,  and  during  the  time  of  its  sitting,  shall 
threaten  harm  to  the  body  or  estate  of  any  of  its  members,  or  assault 
any  of  them  for  any  thing  said  or  done  in  its  session ;  or  shall  assault, 
or  arrest,  any  witness,  or  other  person,  ordered  to  attend  it,  in  his  way 
in  going,  or  returning;  or  who  shall  rescue  any  person  arrested  by  its 
order;  provided,  that  no  imprisonment,  on  its  warrant  or  order,  for 
either  of  the  above  described  offences,  shall  be  for  a  term  exceeding 


392  JOURNAL    OF    THE    CONVENTION.  [August  1st, 

thirty  days ;  and  the  governor  and  council  shall  have  the  same  au 
thority  to  punish  in  like  cases.  And  no  member,  during  his  going  to, 
returning  from,  or  attending  the  General  Court,  shall  be  arrested,  or 
held  to  bail,  on  mesne  process. 

ART.  10.  Each  branch  of  the  General  Court  may  try,  and  deter 
mine  all  cases  where  their  rights  and  privileges  are  concerned,  and 
which,  by  the  Constitution,  they  have  authority  to  try  and  determine, 
by  committees  of  their  own  members,  or  in  any  such  other  way  as 
they  may  respectively  think  best. 

ART.  11.  Each  branch  shall  be  the  final  judge  of  the  elections, 
returns,  and  qualifications,  of  its  members,  as  pointed  out  in  the  Con 
stitution  ;  shall  choose  a  presiding  officer  from  among  its  members ; 
appoint  its  other  officers ;  and  settle  its  rules  and  orders  of  proceeding, 
and  shall  have  power  to  adjourn,  provided  such  adjournment  shall 
not  exceed  three  days  at  a  time. 

ART.  12.  And  whereas  the  elections  appointed  to  be  made  by  this 
Constitution,  on  the  first  Wednesday  in  January,  annually,  by  the  two 
Houses  of  the  Legislature,  may  not  be  completed  on  that  day,  the 
said  elections  may  be  adjourned  from  day  to  day  until  the  same  shall 
be  completed. 

ART.  13.  In  all  elections  by  the  General  Court,  or  either  branch 
thereof,  a  majority  of  votes  shall  be  required,  and  the  members  shall 
vote  viva  voce. 

ART.  14.  The  enacting  style,  in  making  and  passing  all  acts,  stat 
utes  and  laws,  shall  be  :  Be  it  enacted  by  the  General  Court  of  Mas 
sachusetts. 


CHAPTER    IJ. 

Senate. 

ART.  1.  There  shall  be  annually  elected  by  the  inhabitants  of  this 
Commonwealth,  qualified  as  in  this  Constitution  is  provided,  forty 
persons  to  be  senators,  for  the  year  ensuing  their  election  ;  and  the 
Senate  shall  be  the  first  branch  of  the  General  Court.  For  this  pur 
pose  the  General  Court  holden  next  after  the  adoption  of  this  Consti 
tution,  and  next  after  each  decennial  census  thereafter,  shall  divide 
the  Commonwealth  into  forty  districts,  composed  of  contiguous  terri 
tory,  and  as  nearly  equal  in  population  as  may  be:  provided,  that  no 
town  or  ward  of  a  city  be  divided  there  for.  Each  district  shall  be  enti 
tled  to  elect  one  senator,  who  shall  have  been  an  inhabitant  of  this  Com- 


1853.]  JOURNAL    OF    THE    CONVENTION.  393 

monwealth  for  five  years  immediately  preceding  his  election,  and  at 
the  time  of  his  election  shall  be  an  inhabitant  of  the  district  for  which 
he  is  chosen. 

ART.  2.  There  shall  be  a  meeting  on  the  Tuesday  next  after  the 
first  Monday  in  November,  annually,  forever,  of  the  inhabitants  of 
each  town  and  city  in  this  Commonwealth,  to  be  called  and  warned 
in  due  course  of  law,  at  least  seven  days  before  the  day  of  such  meet 
ing,  for  the  purpose  of  electing  senators ;  and  at  such  meetings  every 
qualified  voter  shall  have  a  right  to  give  in  his  vote  for  a  senator  for 
the  district  of  which  he  is  an  inhabitant. 

The  selectmen  of  the  several  towns  shall  preside  at  the  town  meet 
ings  impartially;  and  shall  receive  the  votes  of  all  the  inhabitants  of 
such  towns  present  and  qualified  to  vote  for  a  senator,  and  shall  sort 
and  count  them  in  open  town  meeting,  and  in  presence  of  the  town 
clerk,  who  shall  make  a  fair  record,  in  presence  of  the  selectmen,  and, 
in  open  town  meeting,  of  the  name  of  every  person  voted  for,  and  of 
the  number  of  votes  against  his  name ;  and  a  fair  copy  of  this  record 
shall  be  attested  by  the  selectmen  and  the  town  clerk,  and  shall  be 
sealed  up,  directed  to  the  secretary  of  the  Commonwealth,  for  the 
time  being,  with  a  superscription,  expressing  the  purport  of  the  con 
tents  thereof,  and  delivered  by  the  town  clerk  of  said  towns,  to  the 
sheriff  of  the  county  in  which  such  town  lies,  thirty  days  at  least 
before  the  first  Wednesday  in  January  annually;  or  it  shall  be  de 
livered  into  the  secretary's  office  seventeen  days  at  least  before  the  said 
first  Wednesday  in  January ;  and  the  sheriff  of  each  county  shall 
deliver  all  such  certificates,  by  him  received,  into  the  secretary's  office, 
seventeen  days  before  the  said  first  Wednesday  in  January. 

And  the  inhabitants  of  plantations  unincorporated,  qualified  as  this 
Constitution  provides,  shall  have  the  same  privilege  of  voting  for  a 
senator,  in  the  plantations  where  they  reside,  as  town  inhabitants  have 
in  their  respective  towns ;  and  the  plantation  meetings  for  that  pur 
pose  shall  be  held  annually  on  the  same  Tuesday  next  after  the  first 
Monday,  in  November,  at  such  place  in  the  plantations  respectively  as 
the  assessors  thereof  shall  direct;  which  assessors  shall  have  like 
authority  for  notifying  the  voters,  collecting  and  returning  the  votes, 
as  the  selectmen  and  town  clerks  have  in  their  several  towns,  by  this 
Constitution.  And  all  other  persons  living  in  places  unincorporated, 
(qualified  as  aforesaid,)  shall  have  the  privilege  of  giving  in  their  votes 
for  a  senator,  in  the  town  where  the  inhabitants  of  such  unincorporated 
places  shall  be  assessed,  and  be  notified  of  the  place  of  meeting  by 
the  selectmen  of  the  said  town  for  that  purpose,  accordingly. 


39;i  JOURNAL   OF    THE    CONVENTION.  [August  1st, 

ART.  3.  The  governor  and  council  shall,  as  soon  as  may  be, 
examine  the  returned  copies  of  the  record,  provided  for  in  article 
second  of  this  chapter,  and  ascertain  who  shall  have  received  the 
largest  number  of  votes  in  each  of  the  several  senatorial  districts, 
and  the  person  who  has  so  received  the  largest  number  of  votes  in 
each  of  said  districts  shall  be  a  senator  for  the  following  political 
year;  and  the  governor  shall  cause  each  of  said  persons,  so  appearing 
to  be  elected,  to  be  notified  at  least  fourteen  days  before  the  first  Wed 
nesday  in  January  of  each  year,  to  attend  on  that  day,  and  take  his 
seat  accordingly. 

ART.  4.  Not  less  than  twenty-one  members  shall  constitute  a 
quorum,  for  doing  business  ;  but  a  less  number  may  organize,  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent  members. 

ART.  5.  The  Senate  shall  be  a  court  with  full  authority  to  hear 
and  determine  all  impeachments  made  by  the  House  of  Representa 
tives,  against  any  officer  or  officers  of  the  Commonwealth,  for  miscon 
duct  and  maladministration  in  their  offices  ;  but  previous  to  the  trial 
of  every  impeachment,  the  members  of  the  Senate  shall  respectively 
be  sworn,  truly  and  impartially  to  try  and  determine  the  charge  in 
question,  according  to  evidence.  Their  judgment,  however,  shall  not 
extend  further  than  to  removal  from  office  and  disqualification  to  hold 
or  enjoy  any  place  of  honor,  trust,  or  profit,  under  this  Common 
wealth  ;  but  the  party  so  convicted,  shall  be,  nevertheless,  liable  to 
indictment,  trial,  judgment  and  punishment,  according  to  the  laws  of 
the  land. 

CHAPTER    III. 

House  of  Representatives. 

ARTICLE  1.  There  shall  be,  in  the  Legislature  of  this  Common 
wealth,  a  representation  of  the  people,  annually  elected,  and  founded 
upon  the  principle  of  equality. 

ART.  2.  And  in  order  to  provide  for  a  representation  of  the  citizens 
of  this  Commonwealth,  founded  upon  the  principle  of  equality,  every 
corporate  town,  containing  less  than  one  thousand  inhabitants,  may  elect 
one  representative  in  the  year  when  the  valuation  of  estates  shall  be 
settled,  and,  in  addition  thereto,  one  representative  live  years  in  every 
ten  years.  Every  town  containing  one  thousand  inhabitants  and 
less  than  four  thousand,  may  elect  one  representative.  Every  town 
containing  four  thousand  inhabitants  and  less  than  eight  thousand, 
may  elect  two  representatives.  Every  town  containing  eight  thou 
sand  inhabitants  and  less  than  twelve  thousand,  may  elect  three 


1853.]  JOURNAL   OF   THE    CONVENTION.  395 

representatives.  Every  city  or  town  containing  twelve  thousand 
inhabitants,  may  elect  four  representatives.  Every  city  or  town  con 
taining  over  twelve  thousand  inhabitants,  may  elect  one  additional 
representative  for  every  four  thousand  inhabitants  it  shall  contain, 
over  twelve  thousand.  Any  two  towns,  each  containing  less  than 
one  thousand  inhabitants,  may,  by  consent  of  a  majority  of  the  legal 
voters  present  at  a  legal  meeting,  in  each  of  said  towns  respectively, 
called  for  that  purpose,  form  themselves  into  a  representative  district, 
to  continue  for  the  term  of  not  less  than  two  years ;  and  such  district 
shall  have  all  the  rights,  in  regard  to  representation,  which  belong  to 
a  town  having  one  thousand  inhabitants.  And  this  apportionment 
shall  be  based  upon  the  census  of  the  year  one  thousand  eight  hun 
dred  and  fifty,  until  a  new  census  shall  be  taken. 

ART.  3.  The  Senate,  at  its  first  session  after  this  Constitution 
shall  have  been  adopted,  and  at  its  first  session  after  the  next  State 
census  shall  have  been  taken,  and  at  its  first  session  next  after  each 
decennial  State  census  thereafterwards,  shall  apportion  the  number  of 
representatives  to  which  each  town  and  city  shall  be  entitled,  and  shall 
cause  the  same  to  be  seasonably  published  ;  and  in  all  apportionments 
after  the  first,  the  numbers  which  shall  entitle  any  town  or  city,  to 
two,  three,  four,  or  more  representatives,  shall  be  increased  or  dimin 
ished  in  the  same  proportion  as  the  population  of  the  whole  Common 
wealth  shall  have  increased  or  decreased  since  the  last  preceding 
apportionment. 

ART.  4.  No  town  hereafter  incorporated,  containing  less  than  fif 
teen  hundred  inhabitants,  shall  be  entitled  to  choose  a  representative. 

ART.  5.  Each  city  in  this  Commonwealth  shall  be  divided,  by 
such  means  as  the  Legislature  may  provide,  into  districts  of  contig 
uous  territory,  as  nearly  equal  in  population  as  may  be,  for  the  elec 
tion  of  representatives,  which  districts  shall  not  be  changed  oftener 
than  once  in  five  years:  provided,  however,  that  no  one  district  shall 
be  entitled  to  elect  more  than  three  representatives. 

ART.  6.  The  members  of  the  House  of  Representatives  shall  be 
chosen  on  the  Tuesday  next  after  the  first  Monday  in  November, 
annually;  but  meetings  may  be  adjourned,  if  necessary,  for  the  choice 
of  representatives,  to  the  next  day,  and  again  to  the  next  succeeding 
day,  but  no  farther:  but  in  case  a  second  meeting  shall  be  necessary 
for  the  choice  of  representatives,  such  meetings  shall  be  held  on  the 
fourth  Monday  of  the  same  month  of  November. 


396  JOURNAL    OF   THE    CONVENTION.  [August  1st, 

ART.  7.  The  House  of  Representatives  shall  have  power,  from 
time  to  time,  to  impose  fines  upon  such  towns  as  shall  neglect  to 
choose  and  return  members  to  the  same,  agreeably  to  this  Constitu 
tion. 

ART.  8.  Every  member  of  the  House  of  Representatives  shall  have 
been,  for  one  year  at  least,  next  preceding  his  election,  an  inhabitant 
of  the  town  he  shall  be  chosen  to  represent. 

ART.  9.  The  House  of  Representatives  shall  be  the  grand  inquest 
of  this  Commonwealth  ;  and  all  impeachments  made  by  them  shall 
be  heard  and  tried  by  the  Senate. 

ART.  10.  All  money  bills  shall  originate  in  the  House  of  Repre 
sentatives  ;  but  the  Senate  may  propose  or  concur  with  amendments,  as 
on  other  bills. 

ART.  11.  Not  less  than  one  hundred  members  of  the  House  of 
Representatives  shall  constitute  a  quorum  for  doing  business. 

CHAPTER    IV. 

Governor. 

ART.  1.  There  shall  be  a  supreme  executive  magistrate,  who  shall 
be  styled,  The  Governor  of  the  Commonwealth  of  Massachusetts. 

ART.  2.  The  governor  shall  be  a  citizen  of  Massachusetts,  and 
shall  be  chosen  annually,  by  the  inhabitants  of  the  towns  and  cities 
of  this  Commonwealth,  on  the  Tuesday  next  after  the  first  Monday 
in  November.  He  shall  hold  his  office  for  one  year  next  following  the 
first  Wednesday  of  January,  and  until  another  is  chosen  and  qualified 
in  his  stead.  And  no  person  shall  be  eligible  to  this  office,  unless,  at 
the  time  of  his  election,  he  shall  have  been  an  inhabitant  of  this 
Commonwealth  for  seven  years  next  preceding. 

ART.  3.  Those  persons  who  shall  be  qualified  to  vote  for  senators 
and  representatives,  within  the  several  towns  of  this  Commonwealth, 
shall,  at  a  meeting  to  be  called  for  that  purpose,  on  the  Tuesday  next 
after  the  first  Monday  in  November,  annually,  give  in  their  votes  for 
a  governor,  to  the  selectmen,  who  shall  preside  at  such  meeting;  and 
the  town  clerk,  in  the  presence  and  with  the  assistance  of  the  select 
men,  shall,  in  open  town  meeting,  sort  and  count  the  votes,  and  form 
a  list  of  the  persons  voted  for,  with  the  number  of  votes  for  each  per 
son  against  his  name ;  and  shall  make  a  fair  record  of  the  same  in 
the  town  books,  and  a  public  declaration  thereof  in  the  said  meeting; 
and  shall,  in  the  presence  of  the  inhabitants,  seal  up  copies  of  the 


1853.] 


JOURNAL    OF    THE    CONVENTION.  397 


said  list,  attested  by  him  and  the  selectmen,  and  transmit  the  same  to 
the  sheriff  of  the  county,  thirty  days  at  least  before  the  first  Wednes 
day  in  January  ;  and  the  sheriff  shall  transmit  the  same  to  the  secre 
tary's  office  seventeen  days  at  least  before  the  said  first  Wednesday  in 
January ;  or  the  selectmen  may  cause  returns  of  the  same  to  be  made 
to  the  office  of  the  secretary  of  the  Commonwealth  seventeen  days  at 
least  before  the  said  day ;  and  the  secretary  shall  lay  the  same  before 
the  Senate  and  the  House  of  Representatives,  on  the  first  Wednesday 
in  January,  to  be  by  them  examined ;  and  in  case  of  an  election,  the 
choice  shall  be  by  them  declared  and  published. 

ART.  4.  The  governor  shall  have  authority,  from  time  to  time,  at 
his  discretion,  to  assemble  and  call  together  the  councillors  of  this 
Commonwealth  for  the  time  being ;  and  the  governor,  with  the  said 
councillors,  or  five  of  them  at  least,  shall,  and  may,  from  time  to 
time,  hold  and  keep  a  Council,  for  the  ordering  and  directing  the 
affairs  of  the  Commonwealth,  agreeably  to  the  Constitution  and  the 
laws  of  the  land. 

ART.  5.  The  governor,  with  advice  of  council,  shall  have  full 
power  and  authority,  during  the  session  of  the  General  Court,  to 
adjourn  or  prorogue  the  same  to  any  time  the  two  Houses  shall 
desire ;  and  in  the  recess  of  the  said  Court,  to  prorogue  the  same 
from  time  to  time,  not  exceeding  ninety  days  in  any  one  recess ; 
and  to  call  it  together  sooner  than  the  time  to  which  it  may  be 
adjourned  or  prorogued,  if  the  welfare  of  the  Commonwealth  shall 
require  the  same;  and  in  case  of  any  infectious  distemper  prevail 
ing  in  the  place  where  the  said  Court  is  next  at  any  time  to 
convene,  or  any  other  cause  happening,  whereby  danger  may  arise  to 
the  health  or  lives  of  the  members  from  their  attendance,  he  may 
direct  the  session  to  be  held  at  some  other  the  most  convenient  place 
within  the  State. 

ART.  6.  In  cases  of  disagreement  between  the  two  Houses,  with 
regard  to  the  necessity,  expediency,  or  time  of  adjournment,  or  proro 
gation,  the  governor,  with  advice  of  the  council,  shall  have  a  right  to 
adjourn  or  prorogue  the  General  Court,  not  exceeding  ninety  days,  as 
he  shall  determine  the  public  good  shall  require. 

ART.  7.  The  power  of  pardoning  offences,  except  such  as  persons 
may  be  convicted  of  before  the  Senate,  by  an  impeachment  of  the 
House,  shall  be  in  the  governor,  by  and  with  the  advice  of  council: 
but  no  charter  of  pardon,  granted  b'y  the  governor,  with  advice  of  the 
council,  before  conviction,  shall  avail  the  party  pleading  the  same, 


398  JOURNAL   OF   THE    CONVENTION.  [August  1st, 

notwithstanding  any  general  or  particular  expressions  contained 
therein,  descriptive  of  the  offence,  or  offences  intended  to  be  par 
doned. 

ART.  8.  Notaries  public  shall  be  appointed  by  the  governor,  in 
the  same  manner  as  judicial  officers  are  appointed,  and  shall  hold 
their  offices  during  seven  years,  unless  sooner  removed  by  the  govern 
or,  with  the  consent  of  the  council,  upon  the  address  of  both  Houses 
of  the  General  Court. 

ART.  9.  Coroners  shall  be  nominated  and  appointed  by  the  gov 
ernor,  by  and  with  the  advice  and  consent  of  the  council ;  and  every 
such  nomination  shall  be  made  by  the  governor,  and  made  at  least 
seven  days  prior  to  such  appointment. 

ART.  10.  No  moneys  shall  be  issued  out  of  the  treasury  of  this 
Commonwealth,  and  disposed  of  (except  such  sums  as  may  be  appro 
priated  for  the  redemption  of  bills  of  credit  or  treasurer's  notes,  or  for 
the  payment  of  interest  arising  thereon)  but  by  warrant  under  the 
hand  of  the  governor  for  the  time  being,  with  the  advice  and  consent 
of  the  council,  for  the  necessary  defence  and  support  of  the  Com 
monwealth ;  and  for  the  protection  and  preservation  of  the  inhabitants 
thereof,  agreeably  to  the  acts  and  resolves  of  the  General  Court. 

ART.  11.  All  publicboards,  the  commissary-general,  all  superintend 
ing  officers  of  public  magazines  and  stores,  belonging  to  this  Com 
monwealth,  and  all  commanding  officers  efforts  and  garrisons  within 
the  same,  shall,  once  in  every  three  months,  officially,  and  without 
requisition,  and  at  other  times,  when  required  by  the  governor,  deliver 
to  him  an  account  of  all  goods,  stores,  provisions,  ammunition,  can 
non  with  their  appendages,  and  small  arms  with  their  accoutrements, 
and  of  all  other  public  property  whatever  under  their  care,  respec 
tively;  distinguishing  the  quantity,  number,  quality  and  kind  of  each, 
as  particularly  as  may  be ;  together  with  the  condition  of  such  forts 
and  garrisons ;  and  the  said  commanding  officer  shall  exhibit  to  the 
governor,  when  required  by  him,  true  and  exact  plans  of  such  forts, 
and  of  the  land  and  sea,  or  harbor  or  harbors,  adjacent. 

And  the  said  boards,  and  all  public  officers,  shall  communicate  to 
the  governor,  as  soon  as  may  be  after  receiving  the  same,  all  letters, 
despatches,  and  intelligences  of  a  public  nature,  which  shall  be 
directed  to  them  respectively. 

ART.  12.  As  the  public  good  requires  that  the  governor  should  not 
be  under  the  undue  influence  of  any  of  the  members  of  the  General 


1853.]  JOURNAL    OF    THE    CONVENTION.  399 

Court,  by  a  dependence  on  them  for  his  support — that  he  should,  in 
all  cases,  act  with  freedom  for  the  benefit  of  the  public — that  he  should 
not  have  his  attention  necessarily  diverted  from  that  object  to  his  pri 
vate  concerns — and  that  he  should  maintain  the  dignity  of  the  Com 
monwealth  in  the  character  of  its  chief  magistrate — it  is  necessary 
that  he  should  have  an  honorable  stated  salary,  of  a  fixed  and  per 
manent  value,  amply  sufficient  for  those  purposes,  and  established  by 
standing  laws  :  and  it  shall  be  among  the  first  acts  of  the  General 
Court,  after  the  commencement  of  this  Constitution,  to  establish  such 
salary  by  law  accordingly. 

CHAPTER  v. 
Lieutenant-  Governor. 

ARTICLE  1.  There  shall  be  annually  elected  a  Lieutenant-Governor 
of  the  Commonwealth  of  Massachusetts,  who  shall  be  qualified  in 
the  same  manner  with  the  governor;  and  the  day  and  manner  of  his 
election,  the  qualifications  of  the  voters,  the  return  of  the  votes,  and 
the  declaration  of  the  election,  shall  be  the  same  as  in  the  election  of 
a  governor. 

And  the  lieutenant-governor  shall  hold  his  office  for  one  year  next 
following  the  first  Wednesday  of  January,  and  until  another  is  chosen 
and  qualified  in  his  stead. 

ART.  2.  The  governor,  and  in  his  absence,  the  lieutenant-governor, 
shall  be  president  of  the  council,  but  shall  have  no  vote  in  council; 
and  the  lieutenant-governor  shall  always  be  a  member  of  the  council, 
except  when  the  chair  of  the  governor  shall  be  vacant. 

ART.  3.  Whenever,  by  reason  of  sickness  or  absence  from  the  Com 
monwealth,  or  otherwise,  the  governor  shall  be  unable  to  perform  his 
official  duties,  the  lieutenant-governor,  for  the  time  being,  shall  have 
and  exercise  all  the  powers  and  authorities,  and  perform  all  the  duties 
of  governor ;  and  whenever  the  chair  of  the  governor  shall  be  vacant, 
by  reason  of  his  resignation,  death,  or  removal  from  office,  the  lieu 
tenant-governor  shall  be  governor  of  the  Commonwealth. 

CHAPTER    VI. 

Council. 

ARTICLE  1.  There  shall  be  a  Council  for  advising  the  governor  in 
the  executive  part  of  the  government,  to  consist  of  eight  persona 
besides  the  lieutenant-governor,  whom  the  governor  for  the  time  being, 
shall  have  full  power  and  authority,  from  time  to  time,  at  his  discre- 


400  JOURNAL   OF    THE    CONVENTION.  [August  1st, 

tion,  to  assemble  and  call  together;  and  the  governor,  with  the  said 
councillors,  or  five  of  them  at  least,  shall  and  may,  from  time  to  time, 
hold  and  keep  a  Council,  for  the  ordering  and  directing  the  affairs  of 
the  Commonwealth,  according  to  the  laws  of  the  land. 

ART.  2.  Eight  councillors  shall  be  annually  chosen  by  the  people; 
and  for  that  purpose  the  State  shall  be  divided  by  the  General  Court 
into  eight  districts,  each  district  to  consist  of  five  contiguous  senatorial 
districts,  and  entitled  to  elect  one  councillor,  who  shall  hold  his  office 
for  one  year  next  following  the  first  Wednesday  in  January,  and  until 
a  successor  is  chosen  and  qualified  in  his  stead. 

ART.  3.  No  person  shall  be  elected  a  councillor  who  has  not  been 
an  inhabitant  of  this  Commonwealth  for  the  term  of  five  years  imme 
diately  preceding  his  election. 

ART.  4.  The  day  and  manner  of  the  election  of  councillors,  the 
qualifications  of  the  voters,  the  return  of  the  votes,  and  the  declaration 
of  the  elections,  shall  be  the  same  as  are  required  in  the  election  of 
senators ;  and  the  person  having  the  highest  number  of  votes  shall  be 
declared  to  be  elected. 

ART.  5.  No  councillor,  during  the  time  for  which  he  is  elected, 
shall  be  appointed  on  any  commission  or  to  any  place  and  receive 
compensation  therefor. 

ART.  6.  The  councillors,  in  the  civil  arrangements  of  the  Com 
monwealth,  shall  have  rank  next  after  the  lieutenant-governor. 

ART.  7.  The  resolutions  and  advice  of  the  council  shall  be  re 
corded  in  a  register,  and  signed  by  the  members  present ;  and  any 
member  of  the  council  may  insert  his  opinion  contrary  to  the  resolu 
tion  of  the  majority.  This  record  shall  always  be  subject  to  public 
examination,  and  may  be  called  for  by  either  House  of  the  Legisla 
ture. 

ART.  8.  Whenever  the  office  of  the  governor  and  lieutenant-gov 
ernor  shall  be  vacant,  by  reason  of  death,  absence,  or  otherwise,  then  the 
council,  or  the  major  part  of  them,  shall,  during  such  vacancy,  have 
full  power  and  authority,  to  do,  and  execute  all  and  every  such  acts, 
matters  and  things,  as  the  governor,  or  the  lieutenant-governor  might 
or  could,  by  virtue  of  this  Constitution,  do  or  execute,  if  they,  or  either 
of  them,  were  personally  present. 


18534 


JOURNAL   OF   THE    CONVENTION.  401 


CHAPTER    VII. 

Secretary,  Treasurer,  Attorney- General,  Auditor,  District- Attorney, 

and  County  Officers. 

ARTICLE  1.  The  secretary,  treasurer,  auditor,  and  attorney-general, 
shall  be  chosen  by  the  people,  annually,  on  the  Tuesday  next  after  the 
first  Monday  in  November;  and  they  shall  hold  their  offices,  respec 
tively,  for  one  year  next  following  the  first  Wednesday  in  the  succeed 
ing  January,  and  until  their  successors  are  chosen  and  qualified  in 
their  stead. 

The  day  and  manner  of  their  election,  the  qualifications  of  the 
voters,  the  return  of  the  votes,  and  the  declaration  of  the  elections, 
shall  be  the  same  as  are  required  in  the  election  of  governor. 

ART.  2.  No  man  shall  be  eligible  as  treasurer  more  than  five  years 
successively. 

ART.  3.  The  records  of  the  Commonwealth  shall  be  kept  in  the 
office  of  the  secretary,  who  may  appoint  his  deputies,  for  whose  con 
duct  he  shall  be  accountable;  and  he  shall  attend  the  governor  and 
Council,  the  Senate  and  House  of  Representatives,  in  person,  or  by 
his  deputies,  as  they  shall  respectively  require. 

ART.  4.  Judges  of  probate,  registers  of  probate,  sheriffs,  clerks  of 
the  courts,  commissioners  of  insolvency,  district-attorneys,  registers  of 
deeds,  county  treasurers,  and  county  commissioners,  shall  be  elected 
triennially  by  the  people  of  their  respective  counties  and  districts,  on 
the  Tuesday  next  after  the  first  Monday  in  November,  and  shall  hold 
their  offices,  respectively,  for  three  years  next  following  the  first  Wed 
nesday  in  the  succeeding  January,  and  until  their  respective  successors 
are  chosen  and  qualified  in  their  stead. 

The  manner  of  their  election,  the  qualifications  of  the  voters,  the 
return  of  the  votes,  and  the  declaration  of  the  elections,  shall  be  the 
same  as  are  required  in  the  election  of  senators,  and  the  person  having 
the  highest  number  of  votes  shall  be  elected. 

CHAPTER    VIII. 

Judiciary  Power. 

ARTICLE  I.  The  judicial  power  of  the  Commonwealth  shall  be 
vested  in  a  Supreme  Judicial  Court,  and  such  other  courts  as  the  Legis 
lature  may  from  time  to  time  establish. 

ART.  2.  The  tenure  that  all  commission  officers  shall  by  law  have 
in  their  offices,  shall  be  expressed  in  their  respective  commissions. 

26 


4C2  JOURNAL   OF    THE    CONVENTION.  [August  1st, 

All  judicial  officers,  duly  appointed,  commissioned  and  sworn,  shall 
hold  their  offices  for  the  term  of  ten  years,  excepting  such  concerning 
whom  there  is  different  provision  made  in  this  Constitution.  And 
upon  the  expiration  of  such  term  they  may  be  reappointed ;  and  all 
judicial  officers  for  whose  appointment  a  different  provision  is  not 
made  in  this  Constitution,  shall  be  nominated  and  appointed  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  Council,  and 
they  may  be  removed  by  the  governor,  with  consent  of  the  Council, 
upon  the  address  of  both  Houses  of  the  Legislature. 

ART.  3.  The  present  justices  of  the  Supreme  Judicial  Court  shall 
hold  their  offices  according  to  their  respective  commissions;  and  the 
present  justices  of  the  Court  of  Common  Pleas  shall  hold  their  offices 
by  the  same  tenure,  while  the  law  establishing  the  said  Court  of 
Common  Pleas  shall  continue.  All  nominations  of  judicial  officers, 
whose  term  of  office  is  by  this  Constitution  limited  to  ten  years,  shall 
be  publicly  announced  at  least  seven  days  before  their  appointment ; 
and  no  person  who  shall  have  been  commissioned  after  the  tenth  day 
of  August,  in  the  year  one  thousand  eight  hundred  and  fifty-three, 
shall  hold  by  any  longer  tenure  of  office  than  the  term  of  ten  years. 

ART.  4.  Neither  the  governor  and  Council,  nor  the  two  branches 
of  the  .Legislature,  or  either  of  them,  shall  hereafter  propose  questions 
to  justices  of  the  Supreme  Judicial  Court,  and  require  their  opinions 
thereon. 

ART.  5.  The  judges  of  probate  of  wills,  and  for  granting  letters  of 
administration,  shall  hold  their  courts  at  such  place  or  places,  on  fixed 
days,  as  the  convenience  of  the  people  shall  require ;  and  the  Legis 
lature  shall  from  time  to  time,  hereafter,  appoint  such  times  and 
places ;  until  which  appointments,  the  said  courts  shall  be  holden  at 
the  times  and  places  which  the  respective  judges  shall  direct. 

ART.  6.  Justices  of  the  peace,  justices  of  the  peace  and  quorum, 
justices  of  the  peace  throughout  the  Commonwealth,  and  commis 
sioners  to  qualify  civil  officers,  may  be  appointed  by  the  governor  and 
Council  for  a  term  of  seven  years ;  and  upon  the  expiration  of  any 
commission,  the  same  may  be  renewed;  and  those  now  in  office  shall 
continue  therein  according  to  the  tenure  of  their  respective  commis 
sions  :  provided^  that  the  jurisdiction  of  the  justices  named  in  this 
article,  shall  not  extend  to  the  hearing  or  trial  of  any  causes,  or  the 
issuing  of  warrants  in  criminal  cases. 

ART.  7.  Trial  justices  shall  be  elected  by  the  legal  voters  of  the 
several  towns  and  cities,  where,  at  the  time  of  such  election  there  is 


1853.]  JOURNAL    OF    THE    CONVENTION.  403 

no  Police  Court  established  by  law,  who  shall  hold  their  offices  for  a 
term  of  three  years,  arid  have  the  same  jurisdiction,  powers,  and  duties, 
as  are  now  exercised  by  justices  of  the  peace,  or  such  as  may  here 
after  be  established  by  law.  Every  city  or  town,  authorized  as  herein 
provided,  shall  elect  a  trial  justice,  and  may  elect  one  additional,  for 
each  two  thousand  inhabitants  therein,  according  to  the  next  preceding 
decennial  census:  provided^  however,  that  any  trial  justice  who  shall 
remove  from  the  city  or  town  in  which  he  was  elected  shall  thereby 
vacate  his  office. 

ART.  8.  Justices  and  clerks  of  the  Police  Courts  of  the  several 
cities  and  towns  of  the  Commonwealth,  shall  be  elected  by  the  legal 
voters  thereof,  respectively,  for  a  term  of  three  years. 

CHAPTER    IX. 

Qualifications  of  Voters,  and  Elections. 

ARTICLE  1.  Every  male  citizen,  of  twenty-one  years  of  age  and 
upwards,  (excepting  paupers  and  persons  under  guardianship,)  who 
shall  have  resided  within  the  Commonwealth  one  year,  and  within 
the  town  or  district,  in  which  he  may  claim  a  right  to  vote,  six  calen 
dar  months  next  preceding  any  election  of  any  national  officer,  or  any 
state  officer  required  by  this  Constitution  to  be  elected  by  the  people, 
shall  have  a  right  to  vote  in  such  election ;  and  no  other  person  shall 
have  such  right. 

ART.  2.  All  ballots  required  by  law  to  be  given  at  any  national, 
state,  county,  district,  or  city  election,  including  elections  for  represen 
tatives  and  trial  justices,  justices  and  clerks  of  police  courts,  shall  be 
deposited  in  sealed  envelopes  of  uniform  size  and  appearance,  to  be 
furnished  by  the  Commonwealth. 

ART.  3.  Lists  of  the  names  of  qualified  voters  shall  be  used  at  all 
elections  required  by  this  Constitution.  They  shall  be  made  out  and 
used  in  such  manner  as  shall  be  by  law  provided.  The  presiding 
officers  at  such  elections  shall  receive  the  votes  of  all  persons  whose 
names  are  borne  on  such  lists,  and  shall  not  be  held  answerable  for 
refusing  the  votes  of  any  persons  whose  names  are  not  borne  thereon. 

ART.  4.  All  meetings  for  the  choice  of  national,  state,  county,  or  dis 
trict  officers, including  representatives,  trial  justices,  clerks  and  justices 
of  police  courts,  by  the  people,  shall  be  held  on  the  Tuesday  next  after 
the  first  Monday  in  November,  annually ;  and  they  shall  be  called  by 
the  mayor  and  aldermen  of  the  cities,  and  the  selectmen  of  the  towns, 
and  warned  in  due  course  of  law.  The  manner  of  calling  and  holding 


404  JOURNAL    OF   THE    CONVENTION.  [August  1st, 

public  meetings  in  cities,  for  the  election  of  officers  under  this  Con 
stitution,  and  the  manner  of  returning  the  votes  given  at  such  meet 
ings  shall  be  as  now  prescribed,  or  as  shall  hereafter  be  prescribed  by 
the  Legislature. 

ART.  5.  A  majority  of  all  the  votes  given  shall  be  necessary  to 
the  election  of  governor,  lieutenant-governor,  secretary,  treasurer,  au 
ditor,  and  attorney-general,  of  the  Commonwealth,  until  otherwise 
provided  by  law  ;  but  no  such  law  providing  that  such  officers,  or 
either  of  them,  or  representatives  to  the  General  Court,  shall  be  elected 
by  plurality,  instead  of  a  majority  of  votes  given,  shall  take  effect 
until  one  year  after  its  passage ;  and  if  at  any  time  after  any  such 
law  shall  have  taken  effect,  it  shall  be  repealed,  such  repeal  shall  not 
become  a  law  until  one  year  after  the  passage  of  the  repealing  act; 
and  in  the  absence  of  any  such  law,  if  at  any  election  of  either  of  the 
above-named  officers,  except  the  representatives  to  the  General  Court, 
no  person  shall  have  a  majority  of  the  votes  given,  the  House  of  Rep 
resentatives  shall  elect  two  out  of  three  persons  then  eligible,  who 
had  the  highest  number  of  votes,  if  so  many  shall  have  been  voted  for, 
and  return  the  persons  so  elected  to  the  Senate,  from  whom  the  Senate 
shall  choose  one  who  shall  be  the  officer  thus  to  be  elected. 

ART.  6.  A  majority  of  votes  shall  be  required  in  all  elections  of 
representatives  to  the  General  Court,  until  otherwise  provided  by  law. 

ART.  7.  In  the  election  of  all  city  or  town  officers,  such  rule  of 
ejection  shall  govern  as  the  Legislature  may  by  law  prescribe. 

ART.  8.  In  all  elections  of  councillors  and  senators,  and  in  all  elec 
tions  of  county  or  district  officers,  the  person  having  the  highest  num 
ber  of  votes  shall  be  elected. 

ART.  9.  Whenever,  in  any  election,  where  the  person  having  the 
highest  number  of  votes  may  be  elected,  there  is  a  failure  of  election 
because  two  persons  have  an  equal  number  of  votes,  subsequent  trials 
may  be  had  at  such  times  as  may  be  prescribed  by  the  Legislature. 

CHAPTER  x. 

Oaths  and  Subscriptions;  Incompatibility  of  and  Exclusion  from  Of 
fices;  Continuation  of  Officers;   Commissions;    Writs;   Confirmation 
of  Laws. 
ARTICLE  1.     The  following  oaths  shall  be  taken  and  subscribed  by 

every  person  chosen  or  appointed  to  any  office,  civil  or  military,  under 

the  government  of  the  Commonwealth,  before  he  shall  enter  upon  the 

duties  of  his  office,  to  wit: 


1853.] 


JOURNAL    OF    THE    CONVENTION.  405 


"I,  A.  B.,  do  solemnly  swear  that  1  will  bear  true  faith  and  alle 
giance  to  the  Commonwealth  of  Massachusetts,  and  will  support  the 
Constitution  thereof;  and  that  I  will  faithfully  and  impartially  dis 
charge  and  perform  all  the  duties  incumbent  on  me  as  [here  insert  the 
office],  according  to  the  best  of  my  abilities  and  understanding,  agree 
ably  to  the  Constitution  and  laws  of  the  Commonwealth.  So  help 
me  God." 

Provided,  that  when  any  person,  chosen  or  appointed  as  aforesaid, 
shall  be  conscientiously  scrupulous  of  taking  and  subscribing  an  oath, 
and  shall  for  that  reason  decline  taking  the  above  oath,  he  shall  make 
and  subscribe  his  affirmation  in  the  foregoing  form,  omitting  the  word 
u  swear,"  and  substituting  the  word  "  affirm  ;"  and  omitting  the  words 
"  So  help  rne  God,"  and  subjoining  instead  thereof  the  words  "  And 
this  I  do  under  the  pains  and  penalties  of  perjury." 

And  the  said  oaths  or  affirmations  shall  be  taken  and  subscribed,  by 
the  governor  and  lieutenant-governor  before  the  president  of  the  Sen 
ate,  in  presence  of  the  two  Houses  in  convention  ;  and  by  councillors 
before  the  president  of  the  Senate  and  in  presence  of  the  Senate; 
and  by  the  senators  and  representatives  before  the  governor  and  Coun 
cil  for  the  time  being ;  and  by  the  residue  of  the  officers  aforesaid 
before  such  persons,  and  in  such  manner,  as  shall  from  time  to  time  be 
prescribed  by  law. 

ART.  2.  No  governor,  lieutenant-governor,  or  judge  of  the  Supreme 
Judicial  Court  or  Court  of  Common  Pleai,  shall  hold  any  other  office 
under  the  authority  of  this  Commonwealth,  except  such  as  by  this 
Constitution  they  are  admitted  to  hold,  saving  that  the  judges  of  the 
said  courts  may  hold  the  offices  of  justices  of  the  peace  through  the 
State ;  nor  shall  they  hold  any  other  office,  or  receive  any  pension  or 
salary  from  any  other  state,  or  government,  or  power  whatever,  ex 
cept  that  they  may  be  appointed  to  take  depositions,  or  acknowledg 
ments  of  deeds,  or  other  legal  instruments,  by  the  authority  of  other 
states  or  countries. 

No  person  shall  hold  or  exercise,  at  the  same  time,  more  than  one  of 
the  following  offices,  to  wit:  the  office  of  governor,  lieutenant-governor, 
senator,  representative,  judge  of  the  Supreme  Judicial  Court,  or  Court 
of  Common  Pleas,  secretary  of  the  Commonwealth,  attorney-general^ 
treasurer,  auditor,  councillor,  judge  of  probate,  register  of  probate, 
register  of  deeds,  sheriff  or  his  deputy,  clerk  of  the  Supreme  Judicial 
Court,  or  Court  of  Common  Pleas,  clerk  of  the  Senate  or  House  of 
Representatives;  and  any  person  holding  either  of  the  above  offices 
shall  be  deemed  to  have  vacated  the  same  by  accepting  a  seat  in  the 


406  JOURNAL   OF   THE    CONVENTION.  [August  1st, 

Congress  of  the  United  States,  or  any  office  under  the  authority  of 
the  United  States,  the  office  of  postmaster  excepted.  And  no  person 
shall  be  capable  of  holding  at  the  same  time  more  than  two  offices, 
which  are  held  by  appointment  of  the  governor,  or  governor  and  Coun 
cil,  or  the  Senate,  or  the  House  of  Representatives,  military  offices, 
and  the  offices  of  justices  of  the  peace,  justices^  of  the  peace  and 
quorum,  notaries  public,  and  commissioners  to  qualify  civil  officers, 
excepted. 

ART.  3.  And  no  person  shall  ever  be  admitted  to  hold  a  seat  in  the 
Legislature,  or  any  office  of  trust  or  importance  under  the  government 
of  this  Commonwealth,  who  shall,  in  the  due  course  of  law,  have 
been  convicted  of  bribery  or  corruption,  in  obtaining  an  election  or 
appointment. 

ART.  4.  All  commissions  shall  be  in  the  name  of  the  Common 
wealth  of  Massachusetts,  signed  by  the  governor,  and  attested  by  the 
secretary  or  his  deputy,  and  have  the  great  seal  of  the  Commonwealth 
affixed  thereto. 

ART.  5.  All  writs,  issuing  out  of  the  clerk's  office  in  any  of  the 
courts  of  law,  shall  be  in  the  name  of  the  Commonwealth  of  Massa 
chusetts;  they  shall  be  under  the  seal  of  the  court  from  whence  they 
issue,  and  be  signed  by  the  clerk  of  such  court. 

ART.  6.  All  the  laws,  which  have  heretofore  been  adopted,  used, 
and  approved  in  the  Province,  Colony,  State  or  Commonwealth  of 
Massachusetts,  and  usually  practised  on  in  the  courts  of  law,  shall 
still  remain  and  be  in  full  force,  until  altered  or  repealed  by  the  Legis 
lature  ;  such  parts  only  excepted  as  are  repugnant  to  the  rights  and 
liberties  contained  in  this  Constitution. 


CHAPTER     XI. 

Militia. 

ARTICLE  1.  The  governor  shall  be  the  commander-in-chief  of  the 
army  and  navy  of  the  Commonwealth,  and  of  the  militia  thereof,  ex 
cepting  when  these  forces  shall  be  actually  in  the  service  of  the  United 
States ;  and  shall  have  power  to  call  out  any  part  of  the  military 
force  to  aid  in  the  execution  of  the  laws,  to  suppress  insurrection,  and 
to  repel  invasion. 

ART.  2.  All  citizens  of  this  Commonwealth  liable  to  military  ser 
vice,  except  such  as  may  by  law  be  exempted,  shall  be  enrolled  in  the 


1853.]  JOURNAL   OF    THE    CONVENTION.  407 

militia,  and  held  to  perform  such  military  duty  as  by  law  may  be 
required. 

ART.  3.  The  militia  may  be  divided  into  convenient  divisions, 
brigades,  regiments,  squadrons,  battalions,  and  companies;  and  offi 
cers  with  appropriate  rank  and  titles  may  be  elected  to  command  the 
same.  And  the  discipline  of  the  militia  shall  be  made  to  conform, 
as  nearly  as  practicable,  to  the  discipline  of  the  arrny  of  the  United 
States. 

ART.  4.  The  governor  shall  appoint  an  adjutant-general,  a  quar 
termaster-general,  and  such  other  general  staff-officers  as  shall  be 
designated  by  law;  who  shall  be  commissioned  by  him  for  the  term 
of  one  year,  and  until  their  successors  shall  be  commissioned  and 
qualified.  And  the  adjutant-general  and  quartermaster-general  shall 
have  salaries  fixed  by  law,  which  shall  be  in  full  for  all  services  ren 
dered  by  them  in  their  several  offices. 

ART.  5.  The  major-generals  shall  be  elected  by  the  votes  of  the 
brigadier-generals  and  field-officers  of  the  brigades,  regiments,  squad 
rons,  and  battalions  of  the  respective  divisions. 

ART.  6.  The  brigadier-generals  shall  be  elected  by  the  votes  of 
the  field-officers  of  the  regiments,  squadrons,  and  battalions,  and  cap 
tains  of  companies,  of  the  respective  brigades. 

ART.  7.  The  field-officers  of  regiments,  squadrons,  and  battalions, 
shall  be  elected  by  the  votes  of  the  captains  and  subalterns  of  com 
panies  of  the  respective  regiments,  squadrons,  and  battalions. 

ART.  8.  The  captains  and  subalterns  shall  be  elected  by  the  mem 
bers  of  the  respective  companies. 

ART.  9.  All  elections  of  military  officers  shall  be  by  a  majority 
of  the  written  votes  of  those  present  and  voting,  and  no  person, 
within  the  description  of  a  voter  as  hereinbefore  specified,  shall  be 
disqualified  by  reason  of  his  being  a  minor. 

ART.  10.  The  Legislature  shall  prescribe  the  time  and  manner  of 
convening  the  electors  hereinbefore  named,  of  conducting  the  elec 
tions,  and  of  certifying  to  the  governor  the  names  of  the  officers 
elected. 

ART.  11.  The  several  officers  elected  shall  be  forthwith  commis 
sioned  by  the  governor  for  the  term  of  three  years  from  the  dates  of 
their  respective  commissions,  and  until  their  successors  shall  be  com 
missioned  and  qualified. 


408  JOURNAL    OF    THE    CONVENTION.  [August  1st, 

ART.  12.  If  the  electors  of  the  several  officers  before-named  shall 
refuse  or  neglect  to  make  an  election,  for  the  space  of  three  months 
after  legal  notice  of  a  meeting  for  that  purpose,  the  governor  shall 
appoint  and  commission  for  three  years  a  suitable  person  to  fill  the 
vacant  office,  with  the  advice  of  the  Council  if  the  vacancy  be  that 
of  a  major-general,  or  with  the  advice  of  the  major-general  of  the 
division  in  which  the  appointment  is  to  be  made,  if  the  vacancy  be  of 
an  inferior  grade. 

ART.  13.  Major-generals,  brigadier-generals,  and  commandants  of 
regiments,  squadrons,  and  battalions,  shall  severally  appoint  such  staff- 
officers  as  shall  be  designated  by  law  in  their  respective  commands. 

ART.  14.  All  non-commissioned  officers,  whether  of  staff  or  com- 
pany,  and  all  musicians,  shall  be  appointed  in  such  manner  as  may 
be  prescribed  by  law. 

ART.  15.  All  officers  of  the  militia  may  be  removed  from  office  by 
sentence  of  court-martial,  or  by  such  other  modes  as  may  be  pre 
scribed  by  law. 

CHAPTER    XII. 

The  University  at  Cambridge;    The   School   Fund;  and  the  Encour 
agement  of  Literature.  % 

ARTICLE  1.  Whereas  our  wise  and  pious  ancestors,  so  early  as  the 
year  one  thousand  six  hundred  and  thirty-six,  laid  the  foundation  of 
Harvard  College,  in  which  university  many  persons  of  great  eminence 
have,  by  the  blessing  of  God,  been  initiated  in  those  arts  and  sciences, 
which  qualified  them  for  public  employments,  both  in  church  and 
state  ;  and  whereas  the  encouragement  of  arts  and  sciences,  and  all 
good  literature,  tends  to  the  honor  of  God,  the  advantage  of  the 
Christian  religion,  and  the  great  benefit  of  this,  and  the  other  United 
States  of  America — it  is  declared,  that  the  President  and  Fellows  of 
Harvard  College,  in  their  corporate  capacity,  and  their  successors  in 
that  capacity,  their  officers  and  servants,  shall  have,  hold,  use,  exercise 
and  enjoy,  all  the  powers,  authorities,  rights,  liberties,  privileges,  im 
munities  and  franchises,  which  they  now  have,  or  are  entitled  to  have, 
hold,  use,  exercise  and  enjoy  ;  and  the  same  are  hereby  ratified  and 
confirmed  unto  them,  the  said  President  and  Fellows  of  Harvard  Col 
lege,  and  to  their  successors,  and  to  their  officers  and  servants,  respec 
tively,  forever.  But  the  Legislature  shall  always  have  full  power  and 
authority,  as  may  be  judged  needful  for  the  advancement  of  learning, 
to  grant  any  further  powers  to  the  President  and  Fellows  of  Harvard 


1853.]  JOURNAL    OF    THE    CONVENTION.  409 

College,  or  to  alter,  limit,  annul,  or  restrain,  any  of  the  powers  now 
vested  in  them  :  provided^  the  obligation  of  contracts  shall  not  be 
impaired;  and  shall  have  the  like  power  and  authority  over  all  cor 
porate  franchises  hereafter  granted,  for  the  purposes  of  education,  in 
this  Commonwealth. 

ART.  2.  And  whereas  there  have  been,  at  sundry  times,  by  divers 
persons,  gifts,  grants,  devises  of  houses,  lands,  tenements,  goods,  chat 
tels,  legacies  and  conveyances,  heretofore  made,  either  to  Harvard 
College  in  Cambridge,  in  New  England,  or  to  the  President  and 
Fellows  of  Harvard  College,  or  to  the  said  college  by  some  other 
description,  under  several  charters  successively  ;  it  is  declared,  that  all 
the  said  gifts,  grants,  devises,  legacies  and  conveyances,  are  hereby 
forever  confirmed  unto  the  President  and  Fellows  of  Harvard  Col 
lege,  and  to  their  successors,  in  the  capacity  aforesaid,  according 
to  the  true  intent  and  meaning  of  the  donor  or  donors,  grantor  or 
grantors,  devisor  or  devisors. 

A;IT.  3.  And  whereas  by  an  Act  of  the  General  Court  of  the  Col 
ony  of  Massashusetts  Bay,  passed  in  the  year  one  thousand  six  hun 
dred  and  forty-two,  the  governor  and  deputy-governor,  for  the  time 
being,  and  all  the  magistrates  of  that  jurisdiction,  were,  with  the 
president,  and  a  number  of  the  clergy  in  the  said  Act  described,  con 
stituted  the  Overseers  of  Harvard  College  ;  and  it  being  necessary,  in 
this  new  constitution  of  government,  to  ascertain  who  shall  bedeemed 
successors  to  the  said  governor,  deputy-governor,  and  magistrates  ;  it 
is  declared,  that  the  governor,  lieutenant-governor,  Council  and  Senate 
of  this  Commonwealth,  are,  and  shall  be  deemed,  their  successors; 
who,  with  the  president  of  Harvard  College,  for  the  time  being,  to 
gether  with  the  ministers  of  the  congregational  churches  in  the  towns 
of  Cambridge,  Watertown,  Charlestown,  Boston,  Roxbury,  and  Dor 
chester,  mentioned  in  the  said  Act,  shall  be,  and  hereby  are,  vested 
with  all  the  powers  and  authority  belonging,  or  in  any  way  apper 
taining,  to  the  Overseers  of  Harvard  College  :  provided,  that  nothing 
herein  shall  be  construed  to  prevent  the  Legislature  of  this  Common 
wealth  from  making  such  alterations  in  the  government  of  the  said 
University,  as  shall  be  conducive  to  its  advantage,  and  the  interest  of 
the  republic  of  letters,  in  as  full  a  manner  as  might  have  been  done 
by  the  Legislature  of  the  late  Province  of  the  Massachusetts  Bay. 

ART.  4.  It  shall  be  the  duty  of  the  Legislature,  as  soon  as  may  be, 
to  provide  for  the  enlargement  of  the  School  Fund  of  the  Common 
wealth,  until  it  shall  amount  to  a  sum  not  less  than  two  millions  of 
dollars  ;  and  the  said  fund  shall  be  preserved  inviolate,  and  the  income 


410  JOURNAL   OF   THE    CONVENTION.  [August  1st, 

thereof  shall  be  annually  appropriated  for  the  aid  and  improvement 
of  the  common  schools  of  the  State,  and  for  no  other  purpose. 

ART.  5.  Wisdom,  and  knowledge,  as  well  as  virtue,  diffused  gen 
erally  among  the  body  of  the  people,  being  necessary  for  the  preser 
vation  of  their  rights  and  liberties  ;  and  as  these  depend  on  spreading 
the  opportunities  and  advantages  of  education  in  the  various  parts  of 
the  country,  and  among  the  different  orders  of  the  people,  it  shall  be 
the  duty  of  legislatures  and  magistrates,  in  all  future  periods  of  this 
Commonwealth,  to  cherish  the  interests  of  literature  and  the  science?, 
and  all  seminaries  of  them  ;  especially  the  University  at  Cambridge, 
public  schools,  and  grammar  schools  in  the  towns  ;  to  encourage  pri 
vate  societies,  and  public  institutions,  rewards  and  immunities,  for 
the  promotion  of  agriculture,  arts,  sciences,  commerce,  trades,  manu 
factures,  and  a  natural  history  of  the  country;  to  countenance  and 
inculcate  the  principles  of  humanity  and  general  benevolence,  public 
and  private  charity,  industry  and  frugality,  honesty  and  punctuality 
in  their  dealings  ;  sincerity,  good  humor,  and  all  social  affections,  and 
generous  sentiments  among  the  people. 


CHAPTER    XIII. 

Miscellaneous  Provisions. 

ARTICLE  1.  A  census  of  the  inhabitants  of  each  city  and  town  in 
the  Commonwealth,  on  the  first  day  of  May  in  the  year  one  thousand 
eight  hundred  and  fifty-five,  and  on  the  first  day  of  May  of  each  tenth 
year  thereafter,  shall  be  taken  and  returned  into  the  secretary's  office, 
on  or  before  the  last  day  of  the  June  following  the  said  first  day  of 
May  in  each  of  said  years ;  and  while  the  public  charges  of  govern- 
mentj  or  any  part  thereof,  shall  be  assessed  on  polls  and  estates,  in 
the  manner  that  has  hitherto  been  practised,  in  order  that  such  assess 
ments  may  be  made  with  equality,  there  shall  be  a  valuation  of  estates 
within  the  Commonwealth  taken  anew  once  in  every  ten  years  at 
least,  and  as  much  oftener  as  the  General  Court  shall  order. 

ART.  2.  Persons  holding  office  by  election  or  appointment,  when 
this  Constitution  takes  effect,  shall  continue  to  discharge  the  duties 
thereof  until  their  term  of  office  shall  expire,  or  officers  authorized  to 
perform  their  duties,  or  any  part  thereof,  shall  be  elected  and  qualified, 
pursuant  to  the  provisions  of  this  Constitution  ;  when  all  powers  not 
reserved  to  them  by  the  provisions  of  this  Constitution  shall  cease: 
provided^  however ',  that  justices  of  the  peace,  justices  of  the  peace  and 
of  the  quorum,  and  commissioners  of  insolvency,  shall  be  authorized 


1853.]  JOURNAL    OF    THE    CONVENTION.  411 

to  finish  and  complete  all  proceedings  pending  before  them  at  the  time, 
when  their  powers  and  duties  shall  cease,  or  be  altered  as  aforesaid.  All 
laws  in  force  when  this  Constitution  goes  into  effect,  not  inconsistent 
therewith,  shall  continue  in  force  until  amended  or  repealed. 

ART.  3.  The  Legislature  shall  provide,  from  time  to  time,  the 
mode  in  which  commissions  or  certificates  of  election  shall  be  issued 
to  all  officers  elected  pursuant  to  the  Constitution,  except  in  cases 
where  provision  is  made  therein. 

ART.  4.  The  governor,  by  and  with  the  consent  of  the  Council, 
may  at  any  time,  for  incapacity,  misconduct  or  maladministration  in 
their  offices,  remove  from  office,  clerks  of  courts,  commissioners  of  in 
solvency,  judges  and  registers  of  probate,  district-attorneys,  registers 
of  deeds,  county  treasurers,  county  commissioners,  sheriffs,  trial  jus 
tices  and  justices  and  clerks  of  police  Courts  :  provided,  that  the  cause 
of  their  removal  be  entered  upon  the  records  of  the  Council,  and  a 
copy  thereof  be  furnished  to  the  party  to  be  removed,  and  a  rea 
sonable  opportunity  be  given  him  for  defence.  And  the  governor 
may  at  any  time,  if  the  public  exigency  demand  it,  either  bofore  or 
after  such  entry  and  notice,  suspend  any  of  said  officers,  and  appoint 
substitutes,  who  shall  hold  office  until  the  final  action  upon  the  ques 
tion  of  removal. 

ART.  5.  Whenever  a  vacancy  shall  occur  in  any  elective  office, 
provided  for  in  this  Constitution,  except  that  of  governor,  lieutenant- 
governor,  councillor,  senator,  member  of  the  House  of  Representa 
tives,  and  town  and  city  officers,  the  governor  for  the  time  being,  by 
and  with  the  advice  and  consent  of  the  Council,  may  appoint  some 
suitable  person  to  fill  such  vacancy,  until  the  next  annual  election, 
when  the  same  shall  be  filled  by  a  new  election,  in  the  manner  to  be 
provided  by  law :  provided,  however,  that  trial  justices  shall  not  be 
deemed  to  be  town  officers  for  this  purpose. 

ART.  6.  All  elections  provided  to  be  had  under  this  Constitution 
shall,  unless  otherwise  provided,  be  first  held  on  the  Tuesday  next 
after  the  first  Monday  of  November,  in  the  year  one  thousand  eight 
hundred  and  fifty-four. 

ART.  7.  This  Constitution  shall  go  into  operation  on  the  first 
Monday  in  February,  in  the  year  one  thousand  eight  hundred  and 
fifty-four. 

ART.  8.  The  terms  of  all  elective  officers,  not  otherwise  provided 
for  in  this  Constitution,  shall  commence  on  the  first  Wednesday  in 
January  next  after  their  election. 


412  JOURNAL   OF    THE    CONVENTION.  [August  1st, 

ART.  9.  In  order  to  remove  all  doubt  of  the  meaning  of  the  word 
"  inhabitant,"  in  this  Constitution,  every  person  shall  be  considered  as 
an  inhabitant,  for  the  purpose  of  electing  and  being  elected  into  any 
office  or  place  within  this  State,  in  that  town,  district,  or  planta 
tion,  where  he  dwelleth,  or  hath  his  home. 

ART.  10.  This  form  of  government  shall  be  enrolled  on  parchment, 
and  deposited  in  the  secretary's  office,  and  be  a  part  of  the  laws  of  the 
land ;  and  printed  copies  thereof  shall  be  prefixed  to  the  book  con 
taining  the  laws  of  this  Commonwealth,  in  all  future  editions  of  the 
said  laws. 


CHAPTER     XIV. 

Revision  and  Amendments  of  the  Constitution. 

ARTICLE  1.  A  Convention  to  revise  or  amend  this  Constitution 
may  be  called  and  held  in  the  following  manner:  At  the  general 
election  in  the  year  one  thousand  eight  hundred  and  seventy-three, 
and  in  each  twentieth  year  thereafter,  the  qualified  voters  in  State 
elections  shall  give  in  their  votes  upon  the  question,  "  Shall  there  be  a 
Convention  to  revise  the  Constitution  ?"  which  votes  shall  be  received, 
counted,  recorded,  and  declared,  in  the  same  manner  as  in  the  election 
of  governor;  and  a  copy  of  the  record  thereof  shall,  within  one 
month,  be  returned  to  the  office  of  the  secretary  of  State,  who  shall, 
thereupon,  examine  the  same,  and  shall  officially  publish  the  number 
of  yeas  and  nays,  given  upon  said  question,  in  each  town  and  city  ; 
and  if  a  majority  of  said  votes  shall  be  in  the  affirmative,  it  shall  be 
deemed  and  taken  to  be  the  will  of  the  people  that  a  Convention 
shall  meet  accordingly  ;  and  thereafter,  on  the  first  Monday  of  March, 
ensuing,  meetings  shall  be  held,  and  delegates  shall  be  chosen,  in  all 
the  towns,  cities,  and  districts,  in  the  Commonwealth,  in  the  manner 
and  number  then  provided  by  law  for  the  election  of  the  largest  num 
ber  of  representatives,  which  the  towns,  cities,  and  districts  shall  then 
be  entitled  to  elect  in  any  year  of  that  decennial  period.  And  such 
delegates  shall  meet  in  Convention  at  the  State  House,  on  the  first 
Wednesday  of  May  next  ensuing,  and  when  organized,  shall  have  all 
the  powers  necessary  to  execute  the  purpose  for  which  such  Conven 
tion  was  called  ;  and  may  establish  the  compensation  of  its  officers 
and  members,  and  the  expense  of  its  session,  for  which  the  governor, 
with  the  advice  and  consent  of  the  Council,  shall  draw  his  warrant 
on  the  treasury.  And  if  such  alterations  and  amendments,  as  shall 
be  proposed  by  the  Convention,  shall  be  adopted  by  the  people  voting 
theron  in  such  manner  as  the  Convention  shall  direct,  the  Constitu- 


1853.]  JOURNAL    OF    THE    CONVENTION.  413 

tion  shall  be  deemed  and  taken  to  be  altered  or  amended  accordingly. 
And  it  shall  be  the  duty  of  the  proper  officers,  and  persons  in  author 
ity,  to  perform  all  acts  necessary  to  carry  into  effect  the  foregoing 
provisions. 

ART.  2.  Whenever  towns  or  cities  containing  not  less  than  one- 
third  of  the  qualified  voters  of  the  Commonwealth,  shall  at  any  meet 
ing  for  the  election  of  State  officers,  request  that  a  Convention  be 
called  to  revise  the  Constitution,  it  shall  be  the  duty  of  the  Legisla 
ture,  at  its  next  session,  to  pass  an  Act  for  calling  of  the  same,  and 
submit  the  question  to  the  qualified  voters  of  the  Commonwealth, 
whether  a  Convention  shall  be  called  accordingly  :  provided,  that 
nothing  herein  contained  shall  impair  the  power  of  the  Legislature  to 
take  action  for  calling  a  Convention,  without  such  request,  as  hereto 
fore  practised  in  this  Commonwealth. 

ART.  3.  If,  at  any  time  hereafter,  any  specific  and  particular  amend 
ment  or  amendments  to  the  Constitution  be  proposed  in  the  General 
Court,  and  agreed  to  by  a  majority  of  the  senators  and  two-thirds  of 
the  members  of  the  House  of  Representatives,  present  and  \oting 
thereon,  such  proposed  amendment  or  amendments  shall  be  entered 
on  the  Journals  of  the  two  Houses,  with  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  General  Court  then  next  to  be  chosen, 
and  shall  be  published;  and  if,  in  the  General  Court  next  chosen,  as 
aforesaid,  such  proposed  amendment  or  amendments  shall  be  agreed 
to  by  a  majority  of  the  senators  and  two-thirds  of  the  members  of 
the  House  of  Representatives,  present  and  voting  thereon  ;  then  it 
shall  be  the  duty  of  the  General  Court  to  submit  such  proposed 
amendment  or  amendments  to  the  people  ;  and  if  they  thall  be  ap 
proved  and  ratified  by  a  majority  of  the  qualified  voters,  voting 
thereon,  at  meetings  legally  warned  and  holden  for  that  purpose,  they 
shall  become  part  of  the  Constitution  of  this  Commonwealth. 

ART.  4.  The  Legislature  which  shall  be  chosen  at  the  general 
election  on  the  Tuesday  next  after  the  first  Monday  in  November,  in 
the  year  one  thousand  eight  hundred  and  fifty-five,  shall  divide  the 
State  into  forty  single  districts  for  the  choice  of  senators,  such  dis 
tricts  to  be  of  contiguous  territory,  and  as  nearly  equal  as  may  be  in. 
the  number  of  qualified  voters  resident  in  each ;  and  shall  also  divide 
the  State  into  single  or  double  districts,  to  be  of  contiguous  territory, 
and  as  nearly  equal  as  may  be  in  the  number  of  qualified  voters  resi 
dent  in  each,  for  the  choice  of  not  less  than  two  hundred  and  forty, 
nor  more  than  three  hundred  and  twenty  representatives;  with  proper 


414  JOURNAL    OF    THE    CONTENTION.  [August  1st, 

provisions  for  districting  the  Commonwealth  as  aforesaid,  in  the  year 
one  thousand  eight  hundred  and  sixty-six,  and  every  tenth  year  there 
after  ;  and  with  all  other  provisions  necessary  for  carrying  such 
system  of  districts  into  operation  ;  and  shall  submit  the  same  to  the 
people  at  the  general  election  to  be  held  in  the  year  one  thousand 
eight  hundred  and  fifty-six,  for  their  ratification  ;  and  if  the  same  shall 
be  ratified  and  adopted  by  the  people,  it  shall  become  a  part  of  this 
Constitution  in  place  of  the  provisions  contained  in  this  Constitution 
for  the  apportionment  of  senators  and  representatives. 

PROPOSITION    NUMBER    TWO. 

The  writ  of  habeas  corpus  shall  be  granted  as  of  right  in  all  cases 
in  which  a  discretion  is  not  especially  conferred  upon  the  court  by  the 
Legislature  ;  but  the  Legislature  may  prescribe  forms  of  proceeding 
preliminary  to  the  obtaining  of  the  writ. 

PROPOSITION  NUMBER  THREE. 

In  all  trials  for  criminal  offences,  the  jury,  after  having  received  the 
instruction  of  the  court,  shall  have  the  right,  in  their  verdict  of  guilty 
or  not  guilty,  to  determine  the  law  and  the  facts  of  the  case,  but  it 
shall  be  the  duty  of  the  court  to  superintend  the  course  of  the  trials, 
to  decide  upon  the  admission  and  rejection  of  evidence,  and  upon  all 
questions  of  law  raised  during  the  trials,  and  upon  all  collateral  and 
incidental  proceedings ;  and  also  to  allow  bills  of  exceptions.  And 
the  court  may  grant  a  new  trial  in  case  of  conviction. 

PROPOSITION    NUMBER    FOUR. 

Every  person  having  a  claim  against  the  Commonwealth,  ought  to 
have  a  judicial  remedy  therefor. 

PROPOSITION     NUMBER    FIVE. 

No  person  shall  be  imprisoned  for  any  debt  hereafter  contracted, 
unless  in  cases  of  fraud. 

PROPOSITION    NUMBER    SIX. 

All  moneys  raised  by  taxation  in  the  towns  and  cities,  for  the  sup 
port  of  public  schools,  and  all  moneys  which  may  be  appropriated 
by  the  State  for  the  support  of  common  schools,  shall  be  applied  to 
and  expended  in  no  other  schools  than  those  \vhich  are  conducted 


1853.]  JOURNAL   OF    THE    CONVENTION.  415 

according  to  law,  under  the  order  and  superintendence  of  the  author 
ities  of  the  town  or  city  in  which  the  money  is  to  be  expended  ;  and 
such  moneys  shall  never  be  appropriated  to  any  religious  sect,  for  the 
maintenance,  exclusively,  of  its  own  schools. 


PROPOSITION    NUMBER    SEVEN. 

The  Legislature  shall  not  create  corporations  by  special  act,  when 
the  object  of  the  incorporation  is  attainable  by  general  laws. 


PROPOSITION    NUMBER    EIGHT. 

The  Legislature  shall  have  no  power  to  pass  any  act  granting  any 
special  charter  for  banking  purposes,  or  any  special  act  to  increase  the 
capital  stock  of  any  chartered  bank ;  but  corporations  may  be  formed 
for  such  purposes,  or  the  capital  stock  of  chartered  banks  may  be 
increased,  under  general  laws. 

The  Legislature  shall  provide  by  law  for  the  registry  of  all  notes  or 
bills  authorized  by  general  laws  to  be  issued  or  put  in  circulation  as 
money ;  and  shall  require  ample  security  for  the  redemption  of  such 
notes  in  specie. 

On  motion  of  Mr.  MARVIN,  of  Boston, 

Ordered,  That  the  official  copy  of  the  Constitution,  to  be  dis 
tributed  in  the  Commonwealth,  shall  be  prepared  in  such  form  aa 
shall,  so  far  as  possible,  distinguish  the  amendments  from  the  text. 

Mr.  BOUTWELL,  member  for  Berlin,  from  the  Committee  on  Revision, 
submitted  the  following  Address  to  the  people ;  which  was  read,  and 
adopted  by  the  Convention. 

To  the  People  of  Massachusetts: — 

The  Convention  of  Delegates,  assembled  by  your  authority  and 
directed  to  revise  the  Constitution  of  this  Commonwealth,  has  now 
closed  its  labors  ;  and  it  seeks  only  to  commend  and  commit  the  re 
sult  to  your  consideration  and  final  judgment.  The  necessity  for  the 
Convention  was  great,  and  its  labors  have  been  arduous  and  pro 
tracted.  As  your  delegates,  we  have  sought  for  the  principles  of 
freedom  in  the  ancient  institutions  of  the  State  ;  but  we  have  thought 
it  wise  also  to  accept  the  teachings  and  experience  of  nearly  a  century 
of  independent  existence. 

It  has  then  been  our  purpose  to  unite  in  one  system  of  organic  law, 


416  JOURNAL   OF    THE    CONTENTION.  [August  1st, 

the  principles  of  American  republican  institutions,  and  the  experiences 
of  other  free  States,  all  contemplated  in  the  light  derived  from  the 
history  and  usages  of  Massachusetts. 

And  first  of  all,  we  think  it  proper  to  present  for  your  consideration 
a  complete  system  of  organic  law.  The  present  Constitution  was 
adopted  in  1780,  and  there  have  since  been  added  thirteen  important 
amendments.  By  these  amendments  much  of  the  original  text  is 
already  annulled,  and  it  is  only  by  a  careful  and  critical  analysis  and 
comparison,  that  the  existing  provisions  can  be  determined.  This 
ought  not  to  be.  Constitutional  laws  should  be  plain,  that  they  may 
be  impartially  interpreted  and  faithfully  executed,  "  that  every  man 
may  at  all  times  find  his  security  in  them."  We  have  not  then 
thought  it  wise,  or  even  proper,  to  preserve,  as  a  part  of  the  Constitu 
tion,  provisions  which  have  long  since  been  annulled ;  nor  do  we  feel 
justified  in  proposing  new  specific  amendments,  whose  adoption  will 
render  the  fundamental  law  of  the  Commonwealth  more  difficult  to 
be  understood,  and  less  certain  in  its  requirements. 

We  have,  therefore,  taken  what  remains  unchanged  of  the  Consti 
tution  of  1780,  and  the  subsequent  amendments,  preserving  the 
original  language  wherever  it  appeared  practicable,  as  the  basis  of  a 
new  Constitution  ;  and  incorporated  therewith,  such  of  the  resolu 
tions  of  this  Convention  as  are  necessary  to  give  to  the  whole,  at 
once,  a  comprehensive  and  concise  character.  This  has  been  our 
purpose;  and  if  our  view  of  duty  is  correct,  we  are  entirely  justified 
in  submitting  so  much  of  our  work  as  will  give  to  the  people  of 
Massachusetts  a  complete  system  of  organic  law,  as  one  proposition 
for  your  adoption  and  ratification.  It  is  undoubtedly  true,  that  when 
amendments  are  specific  and  not  numerous,  they  should  be  separately 
submitted  to  the  judgment  of  the  people;  but  this  mode  becomes 
impracticable  in  the  formation  of  a  new  government,  or  the  thorough 
revision  of  an  old  one.  Our  attention  has  been  necessarily  directed 
to  every  provision  of  the  Constitution,  and  but  one  chapter  is  pre 
served  in  its  original  form.  It  only  remained  for  us,  either  to  submit 
our  work,  to  be  added  to  the  old  Constitution,  as  specific  amend 
ments,  with  the  conviction  that  their  ratification  would  render  your 
form  of  government  more  complicated  than  it  now  is,  or  else,  to 
embody  all  of  the  old  and  the  new  that  appears  necessary  to  the  safe 
and  harmonious  action  of  the  system,  and  present  it  as  The  Consti 
tution  of  Massachusetts. 

This  we  now  do;  and  we  invite  you  to  consider,  that  while  govern 
ment  is  essential  to  the  safety  and  happiness  of  each  individual,  it 


1853.] 


JOURNAL    OF    THE    CONVENTION.  417 


must  necessarily  happen  that  it  cannot  be  in  every  part  alike  accepta 
ble  to  all. 

"  We  may  not  expect,"  said  the  founders  of  the  Commonwealth, 
"  to  agree  in  a  perfect  system  of  government :  this  is  not  the  lot  of 
mankind.  The  great  end  of  government  is  to  promote  the  supreme 
good  of  human  society."  We  commend  the  new  Constitution  to 
you ;  not  as  being  perfect,  but  as  greatly  to  be  preferred  to  the  exist 
ing  frame  of  government.  It  declares  the  rights  and  liberties  essential 
to  the  freedom  of  the  people  ;  it  contains,  as  we  believe,  a  framework 
arranged  according  to  reason  and  correct  analysis,  and  it  embodies  all 
the  fundamental  provisions  necessary  to  a  just  administration  of  every 
department  of  the  government. 

You  will  naturally  examine,  with  care,  the  character  of  the  changes 
we  have  proposed. 

We  have  thought  it  necessary  to  make  a  provision  for  the  purpose 
of  limiting  the  sessions  of  the  General  Court  to  one  hundred  days ; 
and  to  require  that  the  pay  of  its  members  shall  be  fixed  by  standing 
laws. 

At  present,  the  members  of  the  Senate  are  chosen  by  the  several 
counties,  which  elect  from  one  to  six  senators,  upon  a  general  ticket. 
We  have  provided  for  the  division  of  the  State  into  forty  districts,  of 
equal  population,  and  each  entitled  to  elect  one  senator. 

The  basis  of  the  House  of  Representatives  has  been  a  subject  of 
careful  and  anxious  deliberation.  Differences  of  opinion  existed 
among  us;  but  a  majority  of  more  than  one  hundred  members  deter 
mined  to  preserve  the  system  of  town  representation  under  which 
Massachusetts  has  existed  so  long  and  prospered  so  well.  We  have 
then  based  the  House  of  Representatives  upon  the  municipal  institu 
tions  of  the  State,  having  reference,  so  far  as  practicable,  to  their 
relative  population.  By  the  proposed  system,  towns  containing  less 
than  one  thousand  inhabitants,  are  entitled  to  elect  a  representative 
for  the  year  when  the  valuation  of  estates  is  settled,  and  one  in  addi 
tion,  annually,  for  five  years,  out  of  every  decennial  period.  Towns 
having  a  population  of  one  thousand,  and  not  more  than  four  thou 
sand  inhabitants,  are  entitled  to  elect  a  representative  every  year; 
towns  of  more  than  four  thousand,  and  less  than  eight,  will  elect  two 
representatives ;  towns  of  eight  thousand,  and  less  than  twelve,  will 
elect  three  representatives ;  while  towns  and  cities  of  twelve  thousand 
inhabitants,  will  elect  four  representatives,  and  one  additional  repre 
sentative  for  each  addition  of  four  thousand  to  their  population.  We 
do  not  claim  that  this  system,  separately  considered,  is  precisely  equal; 
but  if  it  is  in  some  degree  favorable  to  the  rural  districts,  the  loss  sus- 
27 


418  JOURNAL   OF    THE    CONVENTION.  [August  1st, 

tained  by  the  large  towns  and  cities  is  in  a  fair  measure  compensated 
by  the  manifest  advantages  accorded  to  them  in  the  constitution  of 
the  Council  and  the  Senate.  The  inequality  of  representation  be 
tween  particular  towns,  when  tested  solely  by  population,  may,  in 
some  cases,  apparently  be  great ;  but  when  the  rights  of  different 
interests  and  different  sections  of  the  Commonwealth  are  considered 
in  connection  with  the  whole  system  of  elective  government,  the 
basis  of  the  House  cannot  be  deemed  unequal  or  unjust.  The  Sen 
ate  and  Council  are  based  upon  population  rather  than  voters,  by 
which  the  inhabitants  of  the  cities  and  large  towns  have  influence  in 
these  two  important  departments  of  the  government,  quite  dispropor 
tionate  to  their  just  elective  power.  No  human  government  can 
attain  to  theoretic  accuracy ;  and  in  a  state  where  pursuits,  habits 
and  interests  are  various,  it  certainly  is  not  the  part  of  wisdom  to 
place  unlimited  power  in  the  hands  of  any.  We  invite  you  to  con 
sider  that  the  governor  represents  the  voters  of  the  State ;  that  the 
Council  and  Senate  represent  population,  without  any  reference  to 
voters,  and,  as  a  consequence,  that  these  two  departments  of  the  gov 
ernment  will  eventually  be  in  the  control  of  the  cities  and  chief  towns  ; 
and  finally,  that  we  have  sought  only  to  secure  to  the  rural  districts, 
and  to  the  agricultural  and  mechanical  population  and  interests,  a 
reasonable  share  of  power  in  one  branch  of  the  Legislature.  This 
influence  gives  to  this  portion  of  the  people,  power  to  assent  to,  but 
never  to  dictate,  the  policy  of  the  government.  The  Convention  of 
1780  declared  that  "  an  exact  representation  would  be  impracticable, 
even  in  a  system  of  government  arising  from  the  state  of  nature,  and 
much  more  so  in  a  State  already  divided  into  nearly  three  hundred 
corporations."  We  have  encountered  the  same  difficulty,  and  hope 
we  have  overcome  it,  in  our  day,  as  well  as  they  overcame  it,  in  their 
day. 

But  our  deliberations  have  not  been  confined  to  the  proposed  sys 
tem.  Many  of  your  delegates  are  of  opinion  that  the  State  should  be 
divided  into  districts,  for  the  election  of  representatives,  according  to 
the  number  of  voters  in  each.  In  this  opinion  a  large  majority  of  the 
Convention  do  not  concur ;  but  we  think  it  our  duty,  first,  to  interpret 
the  people's  will,  and  then  to  give  a  fair  opportunity  for  its  expression 
upon  all  questions  of  importance,  whenever  such  a  course  is  practi 
cable.  We  have  therefore  made  a  constitutional  provision,  that  the 
Legislature  of  1856,  under  the  census  to  be  taken  in  1855,  shall  pre 
sent  a  district  system,  which  may  be  then  substituted  for  the  one  recom 
mended  by  the  Convention,  if,  in  the  judgment  of  the  whole  people, 
it  is  wise  to  make  the  change. 


1853.]  JOURNAL   OF   THE    CONVENTION.  419 

We  have  also  provided  that  the  cities  and  large  towns  shall  be  so 
districted  for  the  choice  of  representatives,  that  no  district  shall  be 
entitled  to  elect  more  than  three  members. 

Jn  the  judgment  of  the  Convention,  the  election  of  many  officers  on 
a  single  general  ticket,  is  not  compatible  with  the  freedom  and  purity 
of  the  representative  system. 

The  property  qualification  of  the  governor  and  lieutenant-governor 
has  been  abolished. 

The  Council  has  been  made  elective  by  the  people  in  single  dis 
tricts,  and  the  records  of  that  body  are  hereafter  to  be  subject  to  pub 
lic  examination. 

We  have  provided  that  the  attorney-general,  the  secretary  of  the 
Commonwealth,  the  auditor,  and  the  treasurer,  officers  now  appointed 
by  the  governor  or  chosen  by  the  Legislature,  shall  hereafter  be  elected 
annually  by  the  people  ;  and  that  judges  of  probate,  registers  of  pro 
bate,  sheriffs,  clerks  of  the  courts,  commissioners  of  insolvency,  and 
district-attorneys,  officers  now  appointed  by  the  executive  or  the 
courts,  shall  also  be  elected  by  the  people  for  terms  of  three  years. 

We  have  also  provided  that  the  justices  of  the  Supreme  Judicial 
Court,  and  the  Court  of  Common  Pleas  hereafter  appointed,  shall 
hold  their  offices  for  the  term  of  ten  years. 

In  a  free  government  the  people  should  be  relieved  in  a  reasonable 
time,  and  by  the  ordinary  course  of  affairs,  from  the  weight  of  incom 
petent  or  unfaithful  public  servants.  Under  the  present  Constitution 
a  judge  can  only  be  removed  by  the  difficult  and  unpleasant  process 
of  impeachment  or  of  address.  Such  remedies  will  be  resorted  to 
only  in  the  most  aggravated  cases. 

Under  the  proposed  system  we  have  no  apprehension  but  that  faith 
ful  and  competent  judges  will  be  retained  in  the  public  service,  while 
those  whose  places  can  be  better  filled  by  other  men,  will  retire  to 
private  life,  without  violence  or  ungracious  circumstances,  and  scarcely 
with  observation. 

It  is  proposed  that  justices  of  the  peace  shall  be  divided  into  two 
classes.  Those  whose  duties  are  chiefly  ministerial,  will  be,  as  here 
tofore,  appointed  by  the  Governor  and  Council,  while  those  intrusted 
with  judicial  authority  are  to  be  elected  by  the  people,  and  to  hold  by 
a  tenure  of  three  years. 

Under  the  original  Constitution,  voters  and  public  officers  were  re 
quired  to  possess  property  qualifications.  These  have  heretofore  been 
removed  in  part,  and  we  now  recommend  the  entire  abolition  of  the 
property  qualification  in  the  voter  for  all  national  and  all  state  officers 
mentioned  in  the  Constitution.  The  obligations  of  citizens  to  contri- 


420  JOURNAL   OF    THE    CONTENTION.  [August  1st, 

bute  to  the  public  expenses  by  assessment  of  taxes  are  not  in  any 
degree  changed. 

Provision  is  also  made  for  the  secrecy  of  the  ballot.  By  the  ballot 
the  citizen,  at  the  same  time,  declares  his  opinion  on  public  affairs, 
and  asserts  his  equality  with  every  other  citizen.  Freedom  of  opinion 
and  freedom  in  the  expression  of  opinion,  are  individual  rights,  to  be 
limited  or  controlled  only  by  a  public  necessity.  We  see  no  public 
necessity  which  ought  to  deprive  the  citizen  of  these  rights,  and  we 
have  therefore  made  provision  for  their  protection. 

We  also  provide  absolutely  that,  in  many  elections,  persons  having 
the  highest  number  of  votes  shall  be  chosen.  This  rule  has  been  ap 
plied  principally  to  the  elections  in  counties  and  districts,  where  the 
trouble  of  frequent  trials  is  great. 

The  governor,  lieutenant-governor,  secretary  of  the  Commonwealth, 
attorney-general,  treasurer,  auditor,  representatives  to  the  General 
Court,  and  town  officers,  are  exceptions  to  the  rule. 

In  case  of  a  failure  to  elect  either  of  the  first  six  named,  the  elec 
tion  is  referred  to  the  General  Court,  while  subsequent  trials  may  be 
had  for  the  choice  of  representatives  and  municipal  officers.  We 
have,  therefore,  as  we  think,  retained  the  majority  rule  where  its  ap 
plication  will  be  least  burdensome  to  the  people.  At  the  same  time, 
we  have  provided  that  the  legislature  may  substitute  the  plurality  rule, 
whenever  the  public  will  shall  demand  it,  with  a  condition,  that  no 
act  for  that  purpose,  shall  take  effect  until  one  year  after  its  passage, 

Thus,  we  have  given  an  opportunity  to  test  the  wisdom  of  the  plu 
rality  system  by  experience,  and  power  to  apply  it  to  every  popular 
election  in  the  Commonwealth,  whenever  the  deliberate  judgment  of 
the  people  shall  require  it. 

The  various  provisions  relating  to  the  militia  have  been  revised, 
some  important  changes  have  been  made,  and  that  department  of 
the  government  will  rest  more  firmly  than  ever  on  a  constitutional 
basis. 

Changes  are  proposed  concerning  the  University  at  Cambridge,  and 
the  General  Court  is  instructed  to  provide  means  for  the  enlargement 
of  the  School  Fund,  until  it  shall  amount  to  a  sum  not  less  than  two 
million  of  dollars. 

Although  the  Constitution  has  always  asserted,  in  the  strongest 
terms,  the  right  of  the  people,  at  all  times,  to  alter,  reform,  or  totally 
change,  their  frame  of  government,  yet  it  has  been  contended  by  some, 
that  the  operation  and  effect  of  the  specific  provisions  for  amendments, 
contained  therein,  have  been  such  as  practically  to  impair  or  render 
doubtful,  this  great  right.  We  have,  therefore,  thought  it  wise,  while 


1853.]  JOURNAL   OF    THE    CONVENTION.  421 

we  recognize  and  retain  the  mode  of  exercising  this  right,  practiced 
hitherto  in  this  Commonwealth,  to  introduce  additional  provisions,  to 
meet  possible  future  exigencies,  and  to  enable  the  people,  without 
controversy,  to  hold  periodical  Conventions,  that  shall  not  be  subject 
to,  or  restricted  by,  any  previous  or  subsequent  act  of  the  Legislature. 

Trusting  that  you  will  examine  with  care,  the  proceedings  of  the 
Convention,  and  the  result  to  which  it  has  come,  we  deem  it  unneces 
sary  to  explain  several  less  prominent  changes  proposed  in  the  Consti 
tution  of  this  Commonwealth. 

We  also  submit  seven  distinct  amendments,  which  are  presented 
separately  for  your  ratification.  Some  of  them  are  new,  and  all  of  them 
are  independent  of  the  framework  of  the  government,  and  may  either 
be  adopted  or  rejected,  without  disturbing  the  system  or  harmony  of 
the  Constitution.  They  have  all,  however,  been  sustained  by  decisive 
majorities  of  your  delegates,  and  embrace  important  and  essential 
principles  in  popular  government. 

The  formation  or  the  revision  of  a  popular  constitution  is  an  epoch 
in  the  history  of  a  free  people. 

We  are  sensible  of  the  magnitude  of  the  trust  which  you  have  con 
fided  in  us ;  but  it  is  not  more  important  than  the  just  decision  of  the 
questions  which  we  submit  to  you. 

We  have  no  doubt  that  your  decision  will  secure  a  result  beneficial 
to  Massachusetts,  and,  under  Divine  Providence,  will  render  more  and 
more  illustrious  our  ancient  Commonwealth. 

On  motion  of  Mr.  BIRD,  of  Walpole, 

Ordered,  That  the  Resolves  contained  in  Document  No.  128,  and 
the  Address  to  the  people,  signed  by  the  President  and  Secretaries,  be 
printed,  in  connection  with  the  copies  of  the  Revised  Constitution 
ordered  to  be  printed  for  distribution  ;  and  that  thirty-five  thousand 
additional  copies  of  said  Constitution,  with  the  Resolves  and  Address, 
be  printed  for  distribution,  in  accordance  with  the  Orders  already 
adopted. 

On  motion  of  Mr.  CUSHMAN,  of  Bernardston,  the  Report  of  the 
Committee  on  the  Pay  Roll  was  taken  from  the  table,  and  adopted, 
as  follows : — 

COMMONWEALTH  OF    MASSACHUSETTS. 

In   Convention,  August  1,  1853. 

The  Committee  on  the  Pay  Roll,  in  compliance  with  an  Order  of 
the  Convention,  directing  them  to  make  up  the  pay  roll,  have  attended 


422  JOURNAL    OF    THE    CONVENTION.  [August  1st, 

to  that  duty,  in  accordance  with  a  Resolve  passed  on  the  28th  day  of 
June  last,  and  report  the  sum  herewith,  amounting  to  $114,092,  and 
also  report  the  accompanying  Order. 

For  the  Committee, 

ISAAC  LIVERMORE,  Chairman. 

Ordered,  That  the  Pay  Roll  of  the  Convention,  as  reported  by  the 
Committee,  in  accordance  with  the  Resolve  of  the  28th  of  June  last, 
and  the  Order  of  July  29th,  be  transmitted  by  the  Secretary  to  the 
Auditor  of  Accounts,  and  that  he  be  requested  to  obtain  from  the 
Governor  a  warrant  upon  the  treasury  of  the  Commonwealth,  to 
authorize  the  payment  thereof,  and  notify  the  Convention  when  the 
warrant  has  been  drawn. 

The  Resolves  reported  by  the  special  committee  to  whom  were  re 
ferred  several  Orders  concerning  the  Documents  and  Debates,  &c., 

Were  taken  up,  and  amended,  on  motions  of  Mr.  Earle,  of  Wor 
cester,  and  Mr.  Paige,  of  Boston, 

And  then  finally  passed,  as  follow  : — 

1.  Resolved,  That  White  &  Potter  be  instructed  to  deliver,  without 
additional  charge,  the  remaining  numbers  of  the  quarto  edition  of  the 
Journal  of  Debates,  at  such   places  in  Boston  as  the  members  shall 
respectively  order. 

2.  Resolved,  That  each  member  of  this    Convention  be  furnished 
with  one  copy  of  the  Journal  of  the  Debates,  of  the  octavo   edition, 
additional,  to  the  one  heretofore  ordered. 

3.  Resolved,  That  the  Messenger  be  directed  to  deliver,  without 
additional  cost,  the  copies  of  the  Debates  aforesaid,  together  with  the 
Journals  of  the    Convention,   heretofore  ordered,  and  the  completed 
file  of  the   Documents  belonging  to  each  member,  at  such  place  in 
Boston  as  the  members  shall  respectively  order ;  and  also  to  send,  in 
the  usual  manner,  the  copies  of   the  Journals   and  Debates  to  the 
towns,   cities,  and  public  bodies,  as   ordered  by  the  Convention,  and 
also  send  to  each  town  or  city,  its  quota,  in  proportion  to  population, 
of  the  copies  of  the  new  Constitution,  heretofore  ordered  to  be  pub 
lished. 

On  motion  of  Mr.  STETSON,  of  Braintree,  the  vote  by  which  the 
Protest  of  William  C.  Nell  and  others,  was  ordered  to  be  placed  upon 
the  Journal  of  the  Convention, 

Was  reconsidered,  and 

The  Protest  was  laid  upon  the  table. 


1853.]  JOURNAL   OF   THE    CONVENTION.  423 

The  President  announced  the  Committee,  under  the  third  Resolve, 
for  the  purpose  of  counting  the  votes  given  for  and  against  the  Con 
stitutional  Propositions,  consisting  of  the  following  gentlemen : — 

Messrs.  Boutwell,  member  for  Berlin ;  Dana,  member  for  Manches 
ter  ;  Giles,  of  Boston ;  Morton,  of  Andover  ;  Upham,  of  Salem  ;  But 
ler,  of  Lowell ;  Wilson,  of  Natick ;  Griswold,  member  for  Erving  ; 
Frothingham,  of  Charlestown;  Wood,  of  Middleborough  ;  Hillard, 
of  Boston  ;  Aspinwall,  of  Brookline  ;  Chapin,  of  Springfield ;  Sleeper, 
of  Roxbury ;  Allen,  of  Worcester;  French,  of  New  Bedford;  Oliver, 
of  Lawrence ;  Eames,  of  Washington ;  Phinney,  member  for  Chat 
ham,  and  White,  of  Quincy. 

The  business  of  the  Convention  having  been  completed, 

Remarks  were  made  by  Messrs.  Lothrop,  of  Boston ;  Eames,  of 
Washington ;  Hillard,  of  Boston ;  Hallett,  member  for  Wilbraharn ; 
and  Marvin,  of  Boston. 

And  on  suggestion  of  Mr.  WILSON,  of  Natick,  and  by  invitation  of 
the  President, 

The  Rev.  Mr.  LOTHROP,  of  Boston,  a  member  of  the  Convention, 
offered  a  prayer. 

Mr.  WALKER,  of  North  Brookfield,  then  moved  that  the  Conven 
tion  adjourn  without  day. 

The  question  was  put  and  declared  to  be  carried. 

The  President  then  addressed  the  Convention,  and  at  the  close  of 
his  remarks  declared  the  Convention  adjourned,  without  day  ; 

And  at  six  minutes  before  two  o'clock  on  Tuesday  morning,  August 
2d,  the  members  separated. 


JOURNAL 


OF   THE 


COMMITTEE  OF  THE  WHOLE, 


COMMITTEE  OF  THE  WHOLE. 


THURSDAY,  May  19,  1853. 

Mr.  MORTON,  of  Taunton,  in  the  chair. 

The  Convention  having  resolved  itself  into  Committee  of  the 
Whole,  the  Committee  proceeded  to  the  consideration  of  the  first 
subject  referred  to  them,  being  the  Report  from  the  Standing  Com 
mittee  on  the  Senate. 

After  remarks  by  Mr.  Wilson,  of  Natick, 

Mr.  Bradford,  of  Essex,  moved  to  amend  the  Report,  by  striking 
out  after  the  word  "  Resolved,"  in  the  first  line  thereof,  and  inserting 
as  follows : — "  That  the  second  section  of  chapter  one  of  part  two,  be 
amended  as  follows,  viz. :  by  striking  out  the  first,  third,  and  fourth 
paragraphs  of  said  section ;  also,  by  striking  out  the  word  '  inhabit 
ants,'  and  inserting  the  words  4  ratable  polls,'  in  the  first  line  of  the 
second  paragraph  of  said  section ; "  also,  that  said  section  be  amended, 
further,  by  inserting,  article  second  and  third,  of  printed  Document 
Number  Two. 

After  debate  by  Messrs.  Bradford,  of  Essex,  Wilson,  of  Natick, 
Hooper,  of  Fall  River,  Simonds,  of  Bedford,  Butler,  of  Lowell, 
Gardner,  of  Seekonk,  Hillard,  of  Boston,  Giles,  of  Boston,  Earle,  of 
Worcester,  Hathaway,  of  Freetown,  Greene,  of  Brookfield,  Bates,  of 
Plymouth,  and  Holder,  of  Lynn, 

On  motion  of  Mr.  Kinsman,  of  Newburyport,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


428  COMMITTEE    OF    THE   WHOLE.  [May  24th, 

FRIDAY,  May  20,  1853. 

Mr.  MORTON,  of  Taunton,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  from  the  Committee  on  the  Senate, — the 
pending  question  being  upon  the  amendment  offered  by  Mr.  Bradford, 
of  Essex. 

After  debate  by  Messrs.  Kinsman,  of  Newburyport,  Wallace,  of 
Palmer,  Schouler,  of  Boston,  Simonds,  of  Bedford,  Wilson,  of  Natick, 
and  Bradford,  of  Essex, 

Mr.  Earle,  of  Worcester,  asked  for  a  division  of  the  question,  so 
that  the  sense  of  the  Committee  might  first  be  taken  upon  the  propo 
sition  to  insert  the  words  "legal  voters,"  instead  of  the  word  "inhabit 
ants,"  whenever  that  word  occurs. 

The  question  being  so  taken,  that  amendment  was  rejected. 

The  question  then  being  taken  upon  the  residue  of  the  amend 
ments,  they  were  rejected. 

When,  on  motion  of  Mr.  Bates,  of  Plymouth,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolutions  ought  to  pass  without  amendment. 

And  the  Committee  accordingly  rose. 


TUESDAY,  May  24,  1853 

Mr.  SUMNER,  member  for  Marsh  field,  in  the  chair. 

The  Committee  proceeded  to  the  consideration  of  the  Report  of 
the  Special  Committee  on  Elections  by  Plurality,  recommending  that 
the  Constitution  be  so  revised,  that  in  all  elections,  by  the  people, 
of  officers  named  therein,  the  person  receiving  the  highest  number  of 
votes,  shall  be  deemed  and  declared  to  be  elected. 

After  debate  by  Messrs.  Hooper,  of  Fall  River,  Parsons,  of  Law 
rence,  Schouler,  of  Boston,  Ball,  of  Upton,  French,  of  Berkley,  Bates, 
of  Plymouth,  Churchill,  of  Milton,  Keyes,  member  for  Abington, 
Holder,  of  Lynn,  Hyde,  of  Sturbridge,  and  Walker,  of  N.  Brookfield, 

On  motion  of  Mr.  Ward,  of  Newton,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


1853.] 


COMMITTEE    OF    THE    WHOLE.  429 


THURSDAY,  May  26,  1853. 

Mr.  SUMNER,  member  for  Marsh  field,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  of  the  Special  Committee,  recommending 
the  adoption  of  the  plurality  rule,  in  all  elections. 

After  debate  by  Messrs.  Ward,  of  Newton,  Hall,  of  Haverhill,  Gray, 
of  Boston,  Durgin,  of  Wilmington,  Sargent,  of  Cambridge,  Morton, 
of  Taunton,  Allen,  of  Worcester,  and  Griswold,  member  for  Erving, 

Mr.  Bates,  of  Plymouth,  moved  to  amend  the  Resolution,  by  in 
serting  after  the  word  "  it,"  in  the  second  line,  the  following  words : 
"excepting  the  governor,  lieutenant-governor,  secretary,  treasurer, 
attorney-general,  and  auditor  of  the  Commonwealth  ;  provided, 
those  officers  shall  be  made  elective." 

The  same  gentleman  then  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 

The  question  was  then  taken  upon  the  motion  of  Mr.  Bates,  and 
decided  in  the  affirmative. 

And  the  Committee  accordingly  rose. 


FRIDAY,  May  27,  1853, 

Mr.  SUMNER,  member  for  Marshfield,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con* 
sideration  of  the  Report  and  Resolves  concerning  the  Plurality  Rule  in 
all  Elections;  the  immediate  question  being  upon  the  amendment 
offered  by  Mr.  Bates,  of  Plymouth. 

After  debate  by  Messrs.  Bates,  of  Plymouth,  Butler,  of  Lowell, 
Morton,  of  Taunton,  Hale,  of  Boston,  and  Hillard,  of  Boston, 

Mr.  Knowlton,  of  Worcester,  moved  the  following  as  an  amendment 
to  the  amendment : — 

"  In  the  election  of  governor  and  lieutenant-governor,  senators  and 
representatives,  a  majority  of  all  the  votes  cast  shall  be  necessary  for 
a  choice ;  and  the  election  of  all  other  officers  shall  be  by  a  majority 
or  a  plurality  of  the  votes,  as  the  legislature  shall  determine,  unless 
otherwise  specially  provided  for  in  the  Constitution." 

The  Chairman  decided  it  not  in  order  at  that  time. 
The  debate  was  then  renewed  by  Messrs.  Hooper,  of  Fall  River 
Briggs,  of  Pittsfield,  Allen,  of  Worcester,  Hall,  of  Haverhill,  Abbott' 


430  COMMITTEE    OF    THE    WHOLE.  [May  27th, 

of  Lowell,  Schouler,  of  Boston,  Hallett,  member  for  Wilbraham, 
Davis,  of  Worcester,  Aspinwall,  of  Brookline,  Gray,  of  Boston,  and 
Holder,  of  Lynn, 

When,  without  taking  the  question,  on  motion  of   Mr.  Noyes,  of 
Newbury,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  SUMNER,  member  for  Marshfield,  in  the  chair, 

The  Committee  resumed  the  consideration  of  the  Report  and 
Resolves  concerning  Elections  by  Plurality;  the  pending  question 
being  on  the  amendment  of  Mr.  Bates,  of  Plymouth. 

After  debate  by  Messrs.  Gray,  of  Boston,  Simonds,  of  Bedford, 
Perkins,  of  Maiden,  Griswold,  member  for  Erving,  Hubbard,  of  Bos 
ton,  and  Schouler,  of  Boston, 

The  amendment  was  rejected. 

Mr.  Walker,  of  North  Brookfield,  then  moved  to  amend  the  Resolu 
tion  by  inserting,  in  the  second  line,  after  the  word  "that,"  the 
following: — 

"  In  the  election  of  governor  and  lieutenant-governor,  senators  and 
representatives,  a  majority  of  all  the  votes  cast  shall  be  necessary  for 
a  choice;  and  the  election  of  all  other  officers  shall  be  by  a  majority 
or  a  plurality  of  the  votes,  as  the  legislature  shall  determine,  unless 
otherwise  specially  provided  for  in  the  Constitution." 

After  debate  by  Messrs.  Walker,  of  North  Brookfield,  Davis,  of 
Plymouth,  Hallett,  member  for  Wilbraham,  Aspinwall,  of  Brookline, 
Gray,  of  Boston,  Keyes,  member  for  Abington,  and  Butler,  of  Lowell, 

Mr.  Lawton,  of  Fall  River,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again  ;  but  the  motion  was  rejected. 

After  further  debate,  by  Messrs.  Train,  of  Framingham,  Wilson,  of 
Natick,  Schouler,  of  Boston,  and  Keyes,  member  for  Abington, 

Mr.  Morton,  of  Quincy,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again  ;  and  the  motion  was  adopted — one 
hundred  and  thirty-five  members  voting  in  the  affirmative,  and  forty- 
one  in  the  negative. 

And  the  Committee  accordingly  rose. 


1853.]  COMMITTEE    OF    THE   WHOLE.  431 

SATURDAY,  May  28,  1853. 

Mr.  HOOPER,  of  Fall  River,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  the 
consideration  of  the  Report  and  Resolves,  from  the  standing  com 
mittee,  upon  the  subject  of  the  Governor. 

After  debate  by  Messrs.  Davis,  of  Worcester,  Wilson,  of  Natick, 
Hathaway,  of  Freetown,  Miller,  of  Wareham,  Bradbury,  of  Newton, 
Sumner,  member  for  Otis,  Briggs,  of  Pittsfield,  and  Sargent,  of 
Cambridge, 

Mr.  Bradford,  of  Essex,  moved  to  strike  out  all  after  the  word 
"  Resolved,"  in  the  first  Resolution,  and  insert  the  following : — 

"  That  it  is  expedient  to  alter  and  amend  the  Constitution  so  as  to 
provide  that  every  legal  voter  shall  be  eligible  to  the  office  of 
governor." 

After  debate  by  Messrs.  Wilson,  of  Natick,  and  Bradford,  of  Essex, 

The  amendment  was  rejected. 

Mr.  Davis,  of  Plymouth,  then  moved  to  amend  the  first  Resolution, 
by  striking  out  the  words,  "  except  a  citizen  of  the  United  States," 
and  by  adding  the  words,  "  and  no  person  of  foreign  birth  shall  be 
eligible  to  the  office  of  governor,  unless  he  is  a  naturalized  citizen." 

After  debate  by  Messrs.  Davis,  of  Plymouth,  Aspinwall,  of  Brook- 
line,  Davis,  of  Fall  River,  Wilson,  of  Natick,  Hubbard,  of  Boston, 
and  Morton,  of  Taunton, 

Mr.  Davis — accepting  a  modification  suggested  by  Mr.  Morton,  of 
Taunton — withdrew  his  amendment,  and  moved  to  strike  out,  in  the 
first  Resolution,  the  words  "  United  States,"  and  insert  in  place  thereof 
the  word  "  Massachusetts." 

After  debate  by  Messrs.  Hubbard,  of  Boston,  Keyes,  member  for 
Abington,  Hopkinson,  of  Boston,  Bird,  of  Walpole,  Livermore,  of 
Cambridge,  Butler,  of  Lowell,  Hallett,  member  for  Wilbraharn,  Mor 
ton,  of  Taunton,  Briggs,  of  Pittsfield,  Whitney,  of  Boylston,  Hood, 
of  Lynn,  Gooch,  of  Melrose,  Wilson,  of  Natick,  and  Davis,  of  Ply 
mouth, 

The  amendment  was  adopted. 

The  question  recurring  upon  the  adoption  of  the  Resolutions,  as 
amended, 

Mr.  Sumner,  member  for  Otis,  moved  to  strike  out  all  after  the 
word  "governor,"  in  the  third  line  of  the  first  Resolution,  and  the 
motion  was  adopted. 

Mr.  Churchill,  of  Milton,  moved  to  amend  the  first  Resolution,  by 


432  COMMITTEE    OF    THE    WHOLE.  [May  30th, 

adding  the  words,  "nor  shall  any  person  be  eligible  to  that  office  who 
shall  not  have  attained  to  the  age  of  twenty-five  years;"  but  the 
motion  was  rejected. 

Mr.  Hood,  of  Lynn,  moved  to  substitute  the  word  "inexpedient" 
for  the  word  "  expedient,"  in  the  second  Resolution ;  but  the  motion 
was  rejected. 

The  question  then  recurring  upon  the  Resolve,  as  amended,  it  was 
agreed  to. 

The  remaining  Resolves  were  then  adopted. 

Mr.  Wilson,  of  Natick,  proposed  to  offer  a  Resolve;  but  the  Chair 
man  decided  it  to  be  not  in  order. 

On  motion  of  Mr.  Butler,  of  Lowell,  it  was 

Voted,  That  the  Committee  rise  and  report  to  the  Convention,  that 
the  Resolves,  as  amended,  ought  to  pass. 

And  the  Committee  accordingly  rose. 


MONDAY,  May  30,  1853. 

Mr.  THOMPSON,  of  Charlestown,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  the 
consideration  of  the  Report  of  the  Committee  on  the  Frame  of  Gov 
ernment,  that  the  name,  "  Commonwealth  of  Massachusetts,"  be 
retained. 

The  Report  was  adopted,  without  debate  : 

When,  on  motion  of  Mr.  Hall,  of  Haverhill,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolution  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  BUTLER,  of  Lowell,  in  the  chair, 

The  Committee  proceeded  to  the  consideration  of  the  Report  of 
the  Committee  on  the  Frame  of  Government,  relating  to  the  time  of 
holding  State  and  County  Elections. 

On  motion  of  Mr.  Allen,  of  Worcester,  the  Report  was  adopted, 
without  debate. 

On  motion  of  Mr.  Earle,  of  Worcester,  it  was 


1853.] 


COMMITTEE   OF   THE   WHOLE.  433 


Voted,  That  the  Committee  rise  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  CROWNINSHIELD,  of  Boston,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  Report  and  Resolves  upon  the  subject  of  the  Lieutenant- 
Governor,  (printed  Document  No.  9.) 

Mr.  Butler,  of  Lowell,  moved  to  amend  the  first  article,  by  striking 
out,  in  the  second  and  third  lines,  (printed  copy,)  the  words  "  whose, 
title  shall  be  His  Honor." 

After  debate  by  Messrs,  Butler,  of  Lowell,  Wilson,  of  Natiefc,. 
Train,  of  Framinghara,  Wiikins,  of  Boston,  Keyes,  member  for  Ab~ 
ington,  Eames,  of  Washington,  and  Frothingham,  of  Charlesto-wn,, 

The  amendment  was  adopted. 

On  motion  of  Mr.  Wiikins,  of  Boston,  the  words,  "  have  a  majority 
of  all  the  votes  returned,"  in  the  ninth  and  tenth  lines  of  the  same 
article,  (printed  copy,)  were  stricken  out,  and  the  words  "be  elected," 
were  inserted  in  their  place. 

Also,  on  motion  of  the  same  gentleman,  the  words  "a  majority  of," 
in  the  thirteenth  line,  (same  article,)  were  stricken  out,  and  the  wordk 
"been  elected  by,"  were  inserted  in  their  place. 

Mr.  Wilson,  of  Natick,  then  moved  to  strike  out  the  second  article 
of  the  Resolves. 

After  debate  by  Messrs.  Hallett,  member  for  Wilbraham,  Sargent,^ 
of  Cambridge,  Wilson,  of  Natick,  Hubbard,  of  Boston,  Butler,  .of; 
Lowell,  Frothingham,  of  Charlestown,  and  Gray,  of  Boston,, 

Mr.  Wilson  withdrew  his  amendment. 

When,  on  motion  of  Mr.  Butler,  of  Lowell,  it  was 

Voted,  That  the  Committee  rise  and  report  to  the  Convention  the 
Resolutions,  as  amended. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  GRAY,  of  Boston,  in  the  chair.. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  the 
consideration  of  the  Report  and  Resolves  fram  the  Committee  <aa 
Oaths  and  Subscriptions,  (printed  Document  No.  16.) 

28 


434  COMMITTEE    OF    THE    WHOLE. 


[May  31st, 


After  debate  by  Messrs.  Butler,  of  Lowell,  Hubbard,  of  Boston, 
and  Dana,  member  for  Manchester, 

Mr.  Hallett,  member  for  Wilbraham,  moved  to  amend  the  second 
Resolve,  by  adding  the  following : — 

I,  A.  B.,  do  solemnly  swear  to  support  the  Constitution  of  the 
United  States. 

Also,  by  striking  out,  in  the  sixth  line  of  the  second  Resolve, 
(printed  copy,)  the  words  "  there  shall  be  but  one." 

Also,  the  word  "which,"  and  inserting  the  word  "the"  after  the 
word  "that,"  in  the  same  line. 

Also,  to  substitute  the  word  "oaths"  for  the  word  "oath." 

After  debate  by  Messrs.  Crowninshield,  of  Boston,  Hallett,  member 
for  Wilbraham,  and  Kellogg,  of  Hadley, 

Mr.  Frothingham,  of  Charlestown,  moved  that  the  Committee  rise, 
report  progress,  and  ask  leave  to  sit  again,  which  motion  was  adopted. 

And  the  Committee  accordingly  rose. 


TUESDAY,  May  31,  1853. 

Mr.  GRAY,  of  Boston,  in  the  chair* 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  unfinished  business  of  yesterday,  being  the  Report 
of  the  Committee  upon  the  subject  of  Oaths  and  Subscriptions, 
the  pending  question  being  upon  the  amendment  of  Mr.  Hallett, 
member  for  Wilbraham. 

After  debate  by  Messrs.  Hallett,  member  for  Wilbraham,  Butler,  of 
Lowell,  Bird,  of  Walpole,  Keyes,  member  for  Abington,  French,  of 
New  Bedford,  and  Gooch,  of  Melrose, 

The  amendment  was  rejected. 

Mr.  Whitney,  of  Boylston,  then  moved  to  amend  the  Report  by 
striking  out  all  after  the  word  "  Resolved,"  and  inserting  the  following: 

"  That  it  is  expedient  to  amend  and  alter  the  existing  Constitution 
by  leaving  out  all  oaths  and  subscriptions." 

After  remarks  by  Mr.  Whitney,  the  amendment  was  rejected. 

Mr.  Hopkinson,  of  Boston,  moved  to  strike  out  from  the  Resolu 
tions,  all  except  the  fourth  article  of  the  third  Resolve,  and  the  fourth 
Resolve  ;  but  the  motion  was  rejected. 

On  motion  of  Mr.  Wilson,  of  Natick,  it  was 


1853.]  CONVENTION    OF   THE   WHOLE.  435 

Voted,  That  the  Committee  rise,  and  report  that  the  Resolves  ought 
to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  SUMNER,  member  for  Marshfield,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  from  the  Special  Committee  or*  Elections, 
relating  to  Elections  by  Plurality;  the  pending  question  being  no 
the  amendment  previously  offered  by  Mr.  Walker,  of  North  Brookfield. 

After  debate  by  Messrs.  Morton,  of  Taunton,  Kinsman,  of  New- 
buryport,  and  Aspinwall,  of  Brookline, 

Mr.  Oliver  of  Lawrence,  moved  to  amend  the  amendment  of  Mr. 
Walker,  by  inserting  the  word  "civil"  between  the  words  "of"  and 
"officers." 

Pending  this  motion,  Mr.  Dana,  member  for  Manchester,  moved 
that  the  Committee  rise,  report  progress,  and  ask  leave  to  sit  again. 

The  motion  was  agreed  to. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  SUMNER,  member  for  Marshfield,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  subject  of  Elec 
tions  by  Plurality,  the  pending  question  being  on  the  amendment  of 
Mr.  Oliver,  of  Lawrence,  to  the  amendment  of  Mr.  Walker,  of  North 
Brookfield. 

Mr.  Walker  accepted  the  amendment  of  Mr.  Oliver. 

After  debate  by  Messrs.  Dana,  member  for  Manchester,  Adams,  of 
Lowell,  Keyes,  member  for  Abington,  Hurlbut,  of  Sudbury,  White,  of 
Quincy,  Walker,  of  North  Brookfield,  and  Hathaway,  of  Freetown, 

Mr.  Butler,  of  Lowell,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again. 

The  motion  was  agreed  to. 

And  the  Committee  accordingly  rose. 


WEDNESDAY,  June  1,  1853. 

Mr.  SUMNER,  member  for  Marshfield,  in  the  chair. 
By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  subject  of  Elections  by  Plurality,  the  pending  ques- 


436  COMMITTEE    OF    THE   WHOLE.  [June  1st, 

tion  being  on  the  amendment  offered  by  Mr.  Walker,  of  North 
Brookfield. 

Mr.  Walker  withdrew  his  amendment. 

The  question  then  recurring  on  the  adoption  of  the  original  Reso 
lution  reported  by  the  Committee, 

Mr.  Hubbard,  of  Boston,  moved  to  amend  the  Resolve  by  striking 
out  all  after  the  word  "  Resolved,"  and  inserting  the  following : — 

That  it  is  expedient  so  to  amend  the  Constitution  as  to  provide 
that  the  persons  respectively  having  the  highest  number  of  votes,  for 
governor  and  lieutenant-governor,  shall  be  elected :  but  in  case  two  or 
more  shall  have  an  equal  and  the  highest  number  of  rotes  for  governor 
or  lieutenant-governor,  the  Senate  and  House  of  Representatives  shall 
meet  in  convention  and  choose  one  of  the  said  persons  so  having  an 
equal  and  the  highest  number  of  votes  for  governor  or  lieutenant- 
governor,  and  the  person  having  the  highest  number  of  votes  in  the 
convention  of  the  two  houses  shall  be  elected. 

Resolved,  That  it  is  expedient  so  to  amend  the  Constitution  as  to 
provide  that,  in  the  election  of  senators,  the  person  having  the  high 
est  number  of  votes  in  each  district  shall  be  elected  ;  but  in  case  two 
or  more  shall  have  an  equal  and  the  highest  number  of  votes  in  any 
district,  the  Senate  and  House  of  Representatives  shall  meet  in  con 
vention  and  choose  one  of  the  persons  so  having  an  equal  and  the 
highest  number  of  votes  for  senator  of  said  district,  and  the  person 
having  the  highest  number  of  votes  in  the  convention  of  the  two 
houses  shall  be  elected. 

After  debate  by  Messrs.  Hubbard,  of  Boston,  Churchill,  of  Milton, 
and  Hillard,  of  Boston, 

Mr.  Hale,  of  Bridgewater,  moved  to  amend  the  amendment  offered 
by  Mr.  Hubbard,  by  adding  the  following : — 

Also,  That  in  all  elections  of  representatives  to  the  general  court, 
where  there  shall  be  a  failure  to  elect  by  a  majority  of  all  the  votes 
given  in  on  the  first  meeting  for  that  purpose,  the  person  or  persons, 
when  more  than  one  is  to  be  chosen,  having  the  highest  number  of 
votes  at  a  meeting  for  that  purpose  on  any  subsequent  day  when  such 
meetings  may  be  constitutionally  holden,  shall  be  elected. 

After  debate  by  Messrs.  Wilson,  of  Natick,  Butler,  of  Lowell, 
French,  of  Berkley,  and  Hooper,  of  Fall  River, 

The  amendment  of  Mr.  Hale  was  rejected. 

The  question  then  recurred  upon  the  amendment  of  Mr.  Hubbard, 
which  was  also  rejected. 


1853.] 


COMMITTEE    OF   THE    WHOLE.  437 


The  question  recurred  on  the  original  Resolve  reported  by  the 
Committee. 

Mr.  Hooper,  of  Fall  River,  moved  to  amend  the  Resolve  by  striking 
out,  in  the  second  line,  (printed  copy,)  the  words  "officers  named  in 
it,"  and  inserting  the  following:  "governor  and  lieutenant-governor, 
senators  in  the  state  senate,  representatives  in  the  general  court,  all 
county  officers  and  all  municipal  officers."  Mr.  Allen,  of  Worcester, 
moved  to  amend  the  amendment  offered  by  Mr.  Hooper,  by  striking 
out  the  words  "governor  and  lieutenant-governor,  senators  and  repre 
sentatives." 

After  debate  by  Messrs.  Hubbard,  of  Boston,  Bradbury,  of  Newton, 
Banks,  of  Waltham,  and  Gray,  of  Boston, 

Mr.  Allen  modified  his  amendment  by  moving  to  strike  out  the 
word  "governor." 

After  debate  by  Messrs.  Parker,  of  Cambridge,  and  Crowninshield, 
of  Boston, 

The  amendment  offered  by  Mr.  Allen  was  rejected; — one  hundred 
and  seventy-five  gentlemen  voting  in  the  affirmative,  and  one  hun 
dred  and  seventy-six  voting  in  the  negative. 

Mr.  Allen  then  moved  to  amend  the  amendment  by  striking  out  the 
word  "lieutenant-governor,"  and  the  motion  was  adopted; — one  hun 
dred  and  eighty-three  gentlemen  voting  in  the  affirmative,  and  one 
hundred  and  eighty-one  in  the  negative. 

Mr.  Allen,  of  Worcester,  moved  to  reconsider  the  vote  by  which  the 
Committee  refused  to  strike  out  the  word  "governor"  from  the 
amendment  offered  by  Mr.  Hooper,  and  the  motion  was  adopted  ;  — 
one  hundred  and  ninety-four  gentlemen  voting  in  the  affirmative,  and 
one  hundred  and  sixty-seven  voting  in  the  negative. 

The  question  then  recurred  upon  the  motion  of  Mr.  Allen,  to  amend 
the  amendment  by  striking  out  the  word  "governor." 

On  this  question,  one  hundred  and  eighty-six  gentlemen  voted  in 
the  affirmative,  and  one  hundred  and  seventy-three  in  the  negative. 

So  the  motion  of  Mr.  Allen  was  adopted. 

Mr.  Allen  then  moved  to  amend  the  amendment  by  striking  out  the 
words  "  senators  in  the  state  senate  ;"  but  the  motion  was  rejected  ; — 
one  hundred  and  sixty-seven  gentlemen  voting  in  the  affirmative,  and 
one  hundred  and  ninety-three  in  the  negative. 

Mr.  Allen  further  moved  to  amend  the  amendment,  by  striking  out 
the  words  "representatives  in  the  general  court,"  which  motion  was 
adopted ; — one  hundred  and  eighty-six  gentlemen  voting  in  the  affirm 
ative,  and  one  hundred  and  seventy-one  in  the  negative. 

Mr.  Thompson,  of  Charlestown,  moved  to  amend  the  amendment 


438  COMMITTEE   OF   THE    WHOLE.  [June  1st, 

by  striking  out  the  words  "all  county  officers  ;  "  but  the  motion  was 
rejected ; — ninety  gentlemen  voting  in  the  affirmative,  and  two  hun 
dred  and  three  in  the  negative. 

Mr.  Spooner,  of  Warwick,  moved  to  amend  the  amendment,  by 
striking  out  the  words  "and  all  municipal  officers;"  but  the  motion 
was  rejected ; — one  hundred  and  fifty-three  gentlemen  voting  in  the 
affirmative,  and  one  hundred  and  fifty-four  in  the  negative. 

Mr.  Spooner  then  moved  a  reconsideration  of  the  last  vote,  which 
motion  was  agreed  to  by  a  vote  of  one  hundred  and  eighty-three  in 
the  affirmative,  and  one  hundred  and  fifty-seven  in  the  negative. 

The  question  then  recurring  on  the  motion  of  Mr.  Spooner,  to  strike 
out  the  words  "  and  all  municipal  officers,"  one  hundred  and  ninety- 
eight  gentlemen  voted  in  the  affirmative,  and  one  hundred  and  sixty- 
four  in  the  negative.  So  the  amendment  was  adopted. 

Mr.  Churchill,  of  Milton,  moved  to  reconsider  the  vote  by  which 
the  Committee  refused  to  strike  from  the  amendment  of  Mr.  Hooper 
the  words  "senators  in  the  state  senate  ;"  but  the  motion  was  rejected, 
by  a  vote  of  one  hundred  and  sixteen  in  the  affirmative,  and  two 
hundred  in  the  negative. 

Mr.  Lawton,  of  Fall  River,  moved  to  reconsider  the  vote  by  which 
the  Committee  refused  to  strike  from  the  amendment  offered  by  Mr. 
Hooper  the  words  "all  county  officers ;"  but  the  motion  was  rejected, 
by  a  vote  of  twenty-six  in  the  affirmative,  and  one  hundred  and  sev 
enty-six  in  the  negative. 

The  question  recurring  on  the  amendment  offered  by  Mr.  Hooper, 
as  amended,  it  was  adopted,  by  a  vote  of  one  hundred  and  fifty-nine 
in  the  affirmative,  and  one  hundred  and  thirty  in  the  negative. 

Mr.  Hale,  of  Bridgewater,  moved  to  reconsider  the  last  vote,  but 
the  motion  was  rejected. 

Mr.  Wilson,  of  Natick,  moved  to  amend  the  Resolution,  as 
amended,  by  inserting,  after  the  word  "receiving,"  the  words,  "at  the 
second  trial;"  but  the  motion  was  rejected,  by  a  vote  of  one  hundred 
and  fifty-six  in  the  affirmative,  and  one  hundred  and  seventy-six  in 
the  negative. 

Mr.  Hallett,  member  for  Wilbraham,  moved  to  amend  the  original 
Resolve  of  the  Committee,  as  amended,  by  adding  the  following : — 

But  in  all  elections  of  representatives  to  the  general  court,  and  of 
town  and  municipal  officers,  a  majority  of  votes  shall  be  required. 

Mr.  Gardner,  of  Seekonk,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again  ;  but  the  motion  was  rejected. 
Mr.    Hathaway,  of  Freetown,  moved  to  amend  the  amendment 


1853.]  COMMITTEE    OF   THE   WHOLE.  439 

offered  by  Mr.  Hallett,  by  striking  out  the  words,  "  and  of  town  and 
municipal  officers ;  "  but  the  motion  was  rejected. 

The  question  recurring  on  the  amendment,  one  hundred  and  fifty- 
four  gentlemen  voted  in  the  affirmative,  and  one  hundred  and  fifty- 
nine  in  the  negative. 

So  the  amendment  of  Mr.  Hallett  was  rejected. 

The  question  then  recurred  upon  the  adoption  of  the  original  Resolve 
as  amended. 

The  question  being  taken,  one  hundred  and  seventy-five  gentlemen 
voted  in  the  affirmative,  and  one  hundred  and  seventy-six  in  the  neg 
ative. 

So  the  Resolve  of  the  Committee,  as  amended,  was  rejected. 

Mr.  Bates,  of  Plymouth,  moved  that  the  Committee  rise,  and  re 
port  to  the  Convention,  that  the  Resolve,  as  amended,  ought  not  to 
pass. 

After  debate  by  Messrs.  Banks,  of  Waltham,  Kinsman,  of  New- 
buryport,  Allen,  of  Worcester,  Morton,  of  Taunton,  Crownin shield, 
of  Boston,  and  Briggs,  of  Pittsfield, 

The  motion  of  Mr.  Bates  was  adopted, 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  BRIGGS,  of  Pittsfield,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  Resolves  on  the  subject  of  the  Council,  (printed  Docu 
ment,  No.  19.)  Also  the  Resolve  on  the  subject  of  the  Lieutenant- 
Governor,  (printed  Document  No.  9.) 

The  Resolves  concerning  the  Council,  were  first  taken  up  and 
considered. 

Mr.  Hallett,  member  for  Wilbraham,  addressed  the  Committee  at 
length. 

When,  on  motion  of  Mr.  Gourgas,  of  Concord,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


440  COMMITTEE   OF   THE   WHOLE.  [June  2d, 

THURSDAY,  June  2,  1853. 

Mr.  BRIGGS,  of  Pittsfield,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  unfinished  business  of  yesterday — the  Resolves  on 
the  subject  of  the  Council. 

After  debate  by  Messrs.  Gourgas,  of  Concord,  Keyes,  member  for 
Abington,  Upton,  of  Boston,  and  Durgin,  of  Wilmington, 

Mr.  Boutwell,  member  for  Berlin,  moved  to  amend  the  Resolves  of 
the  Committee,  by  striking  out  all  after  the  word  "  Resolved,"  and 
inserting,  instead  thereof,  the  following : — 

Resolved,  That  eight  councillors  be  elected  by  the  people,  in  single 
districts,  each  district  to  consist  of  five  contiguous  senatorial  districts. 

Resolved^  That  it  is  expedient  so  to  amend  the  Constitution,  as  to 
provide  that  the  record  of  the  Proceedings  of  the  Council  shall  always 
be  subject  to  public  examination. 

After  remarks  by  Mr.  Boutwell, 

Mr.    Schouler,  of  Boston,  moved  that  the   Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 
The  motion  was  agreed  to, 
And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  BRIGGS,  of  Pittsfield,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  Resolves  on  the 
subject  of  the  Council,  the  pending  question  being  on  the  amend 
ment  offered  by  Mr.  Boutwell,  member  for  Berlin. 

After  debate  by  Messrs.  Boutwell,  member  for  Berlin,  Adams,  of 
Lowell,  Frothingham,  of  Charlestown,  and  Hubbard,  of  Boston, 

Mr.  Walker,  of  North  Brookfield,  moved  to  amend  the  amendment, 
by  striking  out  the  word  "  eight,"  in  the  first  line  of  the  first  Resolve, 
and  inserting  in  place  thereof,  the  word  "  five,"  and  striking  out  the 
word  "  five,"  in  the  last  line,  and  inserting  the  word  "  eight." 

After  debate  by  Messrs.  Gardner,  of  Seekonk,  Walcott,  of  Salem, 
Kingman,  of  West  Bridgewater,  Wilson,  of  Natick,  Cole,  of  Cheshire, 
Butler,  of  Lowell,  and  Bird,  of  Walpole, 

Mr.  Hallett,  member  for  Wilbraham,  moved  that  the  Committee 
rise,  report  progress,  and  ask  leave  to  sit  again. 

The  motion  was  agreed  to, 

And  the  Committee  accordingly  rose. 


1853.]  COMMITTEE   OF   THE   WHOLE.  441 


FRIDAY,  June  3,  1853. 

Mr.  BRIGGS,  of  Pittsfield,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  yesterday — the  Resolves  on  the  subject  of  the  Council ; 
the  pending  question  being  on  the  amendment  of  Mr.  Walker,  to  the 
amendment  moved  by  Mr.  Boutwell,  to  the  original  Resolves  of  the 
Committee. 

After  debate  by  Messrs.  Hallett,  member  for  Wilbraham,  Upton,  of 
Boston,  and  Giles,  of  Boston, 

Mr.  Hopkinson,  of  Boston,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 

The  motion  was  adopted, 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  BRIGGS,  of  Pittsfield,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Resolves  relating  to  the  Council,  the  pending  ques 
tion  being  upon  the  amendment  of  Mr.  Walker  to  the  amendment 
moved  by  Mr.  Boutwell,  to  the  original  Resolves. 

After  debate  by  Messrs.  Giles,  of  Boston,  and  Morey,  of  Boston, 

Mr.  Walker,  of  North  Brookfield,  withdrew  his  amendment.  The 
question  then  recurring  upon  the  amendment  of  Mr.  Boutwell,  it  was 
adopted  by  a  vote  of  one  hundred  and  forty-one  in  the  affirmative, 
and  one  hundred  and  twenty-three  in  the  negative. 

Mr.  Wilson,  of  Natick,  moved  to  amend  the  Resolves  as  amended^ 
by  adding  the  following  :— 

Resolved,  That  it  is  expedient  so  to  amend  the  Constitution,  as  to 
provide  that  no  councillor,  during  the  time  for  which  he  shall  be 
elected,  shall  be  appointed  on  any  commission,  or  to  any  place,  for 
which  he  shall  receive  any  compensation  whatever,  other  than  that 
which  he  receives  as  councillor* 

The  amendment  was  agreed  to. 

The  question  was  then  taken  upon  the  Resolves,  as  amended,  and 
they  were  adopted  by  a  vote  of  one  hundred  and  fifty-eight  in  the 
affirmative,  and  eighty-three  in  the  negative. 

The  Committee  then  proceeded  to  consider  the  next  subject  referred, 
viz. :  the  Resolves  relating  to  the  Lieutenant- Governor. 

After  remarks  by  Mr.  Cushman,  of  Bernardston, 


442  COMMITTEE   OF   THE   WHOLE.  [June  4th, 

Mr.  Wilkins,  of  Boston,  moved  to  amend  the  second  article  of  the 
Resolves,  by  striking  out  in  the  last  line,  (printed  copy,)  the  words, 
"the  Senate  is  equally  divided,"  and  inserting  the  following:  "his 
vote  may  affect  the  decision  of  a  question." 

Debate  followed  between  Messrs.  Wilkins,  of  Boston,  Wilson,  of 
Natick,  Cushman,  of  Bernardston,  and  Sargent,  of  Cambridge, 

When  Mr.  Schouler,  of  Boston,  moved  that  the  Committee  rise, 
and  report  to  the  Convention  the  Resolves,  relating  to  the  Council, 
as  amended ;  and  on  the  Resolves  relating  to  the  Lieutenant-Governor, 
report  progress,  and  ask  leave  to  sit  again. 

The  motion  was  agreed  to, 

And  the  Committee  accordingly  rose. 


SATURDAY,  June  4,  1853. 

Mr.  GRISWOLD,  member  for  Erving,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  Resolves  on  the 
subject  of  the  Lieutenant-Governor,  the  immediate  question  being 
upon  the  amendment  of  Mr.  Wilkins,  of  Boston. 

After  debate  by  Messrs.  Bates,  of  Plymouth,  Wilkins,  of  Boston, 
Bird,  of  Walpole,  Hooper,  of  Fall  River,  Morton,  of  Quincy,  Cush 
man,  of  Bernardston,  Wilson,  of  Natick,  Sargent,  of  Cambridge,  and 
Cole,  of  Cheshire, 

The  amendment  was  rejected. 

Mr.  Wilson,  of  Natick,  moved  to  amend  the  Report  of  the  Com 
mittee,  by  striking  out  the  second  article  of  the  Resolve. 

And  the  motion  was  adopted. 

Mr.  Hubbard,  of  Boston,  moved  to  amend  the  Resolve,  as  amended, 
by  adding  to  the  first  article,  the  following : — 

The  governor,  and,  in  his  absence,  the  lieutenant-governor,  shall 
be  president  of  the  Council,  but  shall  have  no  vote  in  the  Council ; 
and  the  lieutenant-governor  shall  always  be  a  member  of  the  Coun 
cil,  except  when  the  chair  of  the  governor  shall  be  vacant. 

After  remarks  by  Mr.  Hubbard,  the  motion  was  adopted. 

Mr.  Knowlton,  of  Worcester,  moved  to  amend  the  Resolve,  as 
amended,  by  striking  out  all  after  the  word  "  Resolved,"  and  adding 
the  following : — 

That  it  is  expedient  to  strike  from  the  Constitution,  as  much 
thereof  as  relates  to  the  office  of  Lieutenant-Governor. 


1853.]  COMMITTEE    OF   THE   WHOLE.  443 

After  debate  by  Messrs.  Bradbury,  of  Newton,  Bates,  of  Plymouth, 
Hooper,  of  Fall  River,  and  Earle,  of  Worcester, 

The  amendment  was  rejected. 

Mr.  Wilkinson,  of  Dedham,  then  moved  that  the  Committee  rise, 
and  report  to  the  Convention,  that  the  Resolutions,  as  amended,  ought 
to  pass. 

The  motion  was  agreed  to, 

And  the  Committee  accordingly  rose. 


MONDAY,  June  6,  1853. 

Mr.  HOOD,  of  Lynn,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  the 
consideration  of  the  Report,  respecting  the  originating  of  Bills  and 
Resolves  in  the  House  of  Representatives,  (printed  Document  No.  21.) 

The  Report  was  accepted,  without  debate. 

When,  upon  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention,  that 
the  Report  of  the  Standing  Committee  ought  to  be  accepted, 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  FROTHINGHAM,  of  Charlestown,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  the 
consideration  of  the  Report  from  the  Committee  on  the  Frame  of 
Government,  in  favor  of  the  viva  voce  mode  of  Elections  in  the  Legis 
lature,  (printed  Document  No.  23.) 

After  remarks  by  Mr.  Allen,  of  Worcester,  the  Resolve  was  adopted. 

On  motion  of  Mr.  Earle,  of  Worcester,  it  was 

Voted,  Thaj;  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  BATES,  of  Plymouth,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to 
the  consideration  of  the  Report  from  the  Committee  on  the  Frame  of 
Government : — 


444  COMMITTEE   OF   THE   WHOLE.  [June  6th, 

"  Inexpedient  to  act  on  an  Order,  relating  to  the  permanent  estab 
lishment  of  the  Seat  of  Government  at  Boston." 
The  Report  was  accepted,  without  debate, 
When,  on  motion  of  Mr.  Earle,  of  Worcester,  it  was 

Voted)  That  the  Committee  rise,  and  report  to  the  Convention,  that 
the  Report  of  the  Standing  Committee  ought  to  pass, 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  WHITNEY,  of  Conway,  in  the  chair. 

The  Committee  proceeded  to  the  consideration  of  the  Report  from 
the  Committee  on  the  Frame  of  Government,  concerning  a  limitation 
of  the  time  for  the  reception  of  Petitions  by  the  Legislature,  (printed 
Document  No.  22.) 

After  debate  by  Messrs.  'Gardner,  of  Seekonk,  Allen,  of  Worcester, 
Earle,  of  Worcester,  and  Bird,  of  Walpole, 

The  Report  was  accepted. 

On  motion  of  Mr.  Allen,  of  Worcester,  it  was 

Voted)  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Report  of  the  Standing  Committee  ought  to  pass, 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  DANA,  member  for  Manchester,  in  the  chair. 

The  Committee,  by  direction  of  the  Convention,  proceeded  to  the 
consideration  of  the  Report  from  the  Committee  on  the  Qualifications 
of  Voters,  (printed  Document  No.  10.) 

After  debate  by  Messrs.  Williams,  of  Taunton,  and  Cady,  of  Mon- 
son, 

Mr.  Durgin,  of  Wilmington,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again ;  but  the  motion  was  rejected,  by 
a  vote  of  forty-six  in  the  affirmative,  and  seventy-five  in  the  neg 
ative. 

Mr.  Clark,  of  Holyoke,  moved  to  amend  the  first  Resolve,  by  strik 
ing  out,  in  the  third  and  fourth  lines,  (printed  copy,)  the  words,  "of 
governor,  lieutenant-governor,  senators,  and  representatives  of." 

After  debate  by  Messrs.  Cady,  of  Monson,  Tyler,  of  Pawtucket, 
Hooper,  of  Fall  River,  Edwards,  of  Southampton,  Bird,  of  Walpole, 
and  Hood,  of  Lynn, 


1853.]  COMMITTEE   OF   THE   WHOLE.  445 

Mr.  Churchill,  of  Milton,  moved  to  amend  the  first  Resolve,  by 
striking  out  the  word  "  not,"  in  the  second  line. 

Debate  followed  between  Messrs.  Tyler,  of  Pawtucket,  Simonds, 
of  Bedford,  and  Hooper,  of  Fall  River, 

When  Mr.  Churchill  withdrew  his  amendment. 

After  further  debate  by  Messrs.  Hubbard,  of  Boston,  and  Hood,  of 
Lynn, 

Mr.  Bird,  of  Walpole,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again,  which  motion  was  adopted, 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  DANA,  member  for  Manchester,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  Report  of  the 
Committee  on  the  Qualifications  of  Voters ; 

The  immediate  question  being  upon  the  amendment  offered  by  Mr. 
Clark,  of  Holyoke. 

After  remarks  by  Mr.  Walker,  of  North  Brookfield, 

Mr.  Iceland,  of  Holliston,  moved  to  strike  out  in  the  third  line  of 
the  first  Resolve,  the  words,  "  any  election,"  and  insert  after  the  word 
"  Commonwealth,"  the  words,  "  except  in  parish  affairs." 

After  debate  by  Messrs.  Bates,  of  Plymouth,  Earle  of  Worcester, 
Morey,  of  Boston,  Morton,  of  Quincy,  Simonds,  of  Bedford,  Perkins, 
of  Maiden,  French,  of  Berkley,  Childs,  of  Westborough,  Eames,  of 
Washington,  and  Hallett,  member  for  Wilbraharn, 

Mr.  Clark  accepted  the  amendment  offered  by  Mr.  Leland. 

The  debate  was  continued  by  Messrs.  Keyes,  member  for  Abing- 
ton,  Hood,  of  Lynn,  and  Houghton,  of  Stirling. 

When  Mr.  Schouler,  of  Boston,  moved  that  the  Committee  rise, 
report  progress,  and  ask  leave  to  sit  again. 

The  motion  was  adopted  by  a  vote  of  one  hundred  and  twenty-two 
in  the  affirmative,  and  twenty-three  in  the  negative. 

And  the  Committee  accordingly  rose. 


TUESDAY,  June  7,  1853. 

Mr.  DANA,  member  for  Manchester,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  Report  of  the 
Committee  on  the  Qualifications  of  Voters,  the  pending  question 
being  on  the  amendment  moved  by  Mr.  Clark,  of  Holyoke. 


446  COMMITTEE   OF   THE   WHOLE.  [June  8th, 

Mr.  Clark  withdrew  his  amendment. 

After  debate  by  Messrs.  Whitney,  of  Boylston,  Lord,  of  Salem, 
Wilson,  of  Natick,  and  Burlingame,  member  for  Northborough, 

Mr.  Lord,  of  Salem,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again ; 

But  the  motion  was  rejected. 

Mr.  Burlingame  resumed  his  remarks  ;  at  the  conclusion  of  which, 

On  motion  of  Mr.  Hooper,  of  Fall  River,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again, 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  DANA,  member  for  Manchester,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  Report  of  the 
Committee  on  the  Qualifications  of  Voters. 

After  debate  by  Messrs.  Hooper,  of  Fall  River,  Walker,  of  North 
Brookfield,  Hubbard,  of  Boston,  French,  of  Berkley,  Morss,  of  New- 
buryport,  Frothingham,  of  Charlestown,  and  Houghton,  of  Stirling, 

Mr.  Cummings,  of  Ware,  renewed  the  motion  of  Mr.  Clark  to 
amend  the  first  Resolve,  by  striking  out,  in  the  third  and  fourth  lines 
the  words,  "  of  governor,  lieutenant-governor,  senators,  and  represen 
tatives  of,"  and  inserting  in  place  thereof,  the  word  "in." 

After  debate  by  Messrs.  Hubbard,  of  Boston,  and  Hooper,  of  Fall 
River, 

Mr.  Cummings  withdrew  his  amendment. 

The  debate  was  continued  by  Messrs.  Hooper,  of  Fall  River,  and 
Hallett,  member  for  Wilbraham. 

Pending  the  question,  Mr.  French,  of  New  Bedford,  moved  that 
the  Committee  rise,  report  progress,  and  ask  leave  to  sit  again, 

Which  motion  was  adopted, 

And  the  Committee  accordingly  rose. 


WEDNESDAY,  June  8,  1853. 

Mr.  DANA,  member  for  Manchester,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  of  the  Committee  upon  the  Qualifications  of 
Voters. 


1853.] 


COMMITTEE    OF    THE   WHOLE.  447 


After  debate  by  Messrs.  French,  of  New  Bedford,  Hillard,  of  Bos 
ton,  Dawes,  of  Adams,  Oliver,  of  Lawrence,  and  Schouler,  of  Bos 
ton, 

Mr.  Upton,  of  Boston,  moved  to  amend  the  first  Resolution,  by 
striking  out  all  after  the  word  "  vote,"  in  the  second  line,  (printed 
copy.) 

Mr.  Bradbury,  of  Newton,  moved  to  amend  the  amendment,  by 
adding  the  words,  "  in  any  election." 

But  the  motion  of  Mr.  Bradbury  was  rejected. 

The  question  then  recurring  upon  the  amendment  moved  by  Mr. 
Upton, 

It  was  rejected. 

Mr.  Aldrich,  of  Barre,  moved  to  amend  the  first  Resolve,  by  striking 
out  all  after  the  word  "  Resolved,"  and  inserting  the  following: — 

That  all  persons  exempted  by  law,  or  under  any  provision  of  law, 
from  taxation,  and  who  are  otherwise  qualified,  as  the  Constitution 
requires  now,  shall  be  allowed  to  vote  in  all  elections  ; 

But  the  motion  was  rejected. 

Mr.  Hood,  of  Lynn,  moved  that  when  the  vote  is  taken  upon  the 
acceptance  of  the  first  Resolve,  it  be  taken  by  yeas  and  nays,  but  the 
Chairman  decided  that  the  motion  could  not  be  entertained  in  Com 
mittee  of  the  Whole. 

Mr.  Hathaway,  of  Freetown,  moved  to  amend  the  first  Resolve,  by 
striking  out  all  after  the  word  "  Resolved,"  and  inserting  the  follow 
ing:— 

Every  male  citizen,  of  twenty-one  years  of  age  and  upwards, 
(excepting  paupers  and  persons  under  guardianship,)  who  shall  have 
resided  within  the  Commonwealth  one  year,  and  within  the  town  or 
district  in  which  he  may  claim  a  right  to  vote,  three  calendar  months 
next  preceding  any  election  of  governor,  lieutenant-governor,  senators, 
or  representatives,  and  who  shall  have  paid  by  himself  or  his  parent, 
master  or  guardian,  any  state  or  county  tax,  which  shall,  within  two 
years  next  preceding  such  election,  have  been  assessed  upon  him,  in 
any  town  or  district  of  this  Commonwealth.  And  also  every  citizen 
who  shall  be  by  law  exempted  from  taxation,  and  who  shall  be,  in  all 
other  respects,  qualified  as  above  mentioned,  shall  have  a  right  to 
vote  in  such  election  of  governor,  lieutenant-governor,  senators,  and 
representatives  ;  and  no  other  person  shall  be  entitled  to  vote  in  such 
elections. 

The  question  being  taken  on  the  amendment,  it  was  rejected  by  a 


448  COMMITTEE    OF   THE   WHOLE.  [June  8th, 

vote  of  one  hundred  and  eighteen  in  the  affirmative,  and  one  hundred 
and  eighty -five  in  tne  negative. 

The  question  then  recurring  upon  the  first  Resolution,  as  reported 
by  the  Committee,  it  was  agreed  to. 

Mr.  Lord,  of  Salem,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again ; 

But  the  motion  was  rejected. 

Mr.  Davis,  of  Plymouth,  moved  to  strike  out  the  second  Resolve, 

And  the  motion  was  adopted. 

Mr.  Walker,  of  North  Brookfield,  moved  to  amend  the  third  Resolve, 
by  striking  out,  in  the  fifth  line,  (printed  copy,)  the  word  "  member," 
and  inserting  the  word  "student;  "  which  motion  was  adopted. 

Mr.  Hathaway,  of  Freetown,  moved  to  strike  out  the  third  Resolve, 

But  the  motion  was  rejected. 

The  third  Resolve,  as  amended,  was  then  agreed  to  by  the  Com 
mittee. 

Mr.  Edwards,  of  Southampton,  moved  to  amend  the  fourth  Resolve, 
by  striking  out  the  word  "  municipal,"  in  the  second  line,  (printed 
copy,)  and  inserting  the  word  "or,"  before  the  word  "county,"  in  the 
same  line, 

But  the  motion  was  rejected. 

Mr.  Schouler,  of  Boston,  moved  to  amend  the  fourth  Resolve,  by 
striking  out  all  after  the  word  "  Resolved,"  and  inserting  the  follow 
ing:— 

That  all  votes  required  by  law  to  be  given  at  any  national,  state, 
county,  or  municipal  election,  shall  be  by  secret  ballot, 

But  the  motion  was  rejected. 

Mr.  Oliver,  of  Lawrence,  moved  to  amend  the  same  Resolve,  by 
striking  out  in  the  second  line,  (printed  copy,)  the  word  "  shall,"  and 
inserting  in  place  thereof  the  word  "  may," 

But  the  motion  was  rejected. 

Mr.  Upton,  of  Boston,  moved  further  to  amend  the  Resolve,  by  in 
serting  the  word  "  town,"  after  the  word  "  county,"  in  the  second 
line, 

But  the  motion  was  rejected. 

Mr.  Lord,  of  Salem,  moved  to  amend  the  Resolve,  by  striking  out 
in  the  second  line,  the  words,  "national,  state,  county,  or  municipal," 

But  the  motion  was  rejected. 

Mr.  Davis,  of  Plymouth,  moved  to  amend  the  Resolve,  by  inserting 
in  the  second  line,  after  the  word  "  county,"  the  word  "  district," 

But  the  motion  was  rejected. 


1853.] 


COMMITTEE    OF    THE    WHOLE.  449 


Mr.  Lawton,  of  Fall  River,  moved  to  reconsider  the  vote  by  which 
the  Committee  refused  to  insert  the  word  "town,"  after  the  word 
"  county,"  in  the  second  line, 

But  the  motion  was  rejected. 

On  motion  of  Mr.  Bates,  of  Plymouth,  it  was 

Voted)  That  the  Committee  rise,  and  report  to  the  Convention,  that 
the  Resolves,  as  amended,  ought  to  pass. 

And  the  Committee  accordingly  rose. 


THURSDAY,  June  9,  1853. 

Mr.  THOMPSON,  of  Charlestown,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  the 
consideration  of  the  Report  of  the  Committee  on  the  Frame  of  Gov 
ernment,  that  it  is  inexpedient  to  act  upon  an  Order  of  May  20th, 
concerning  Special  Privileges  and  Immunities,  (printed  Document 
No.  35.) 

After  remarks  by  Mr.  Allen,  of  Worcester, 

The  Report  was  accepted. 

When,  on  motion  of  Mr.  Briggs,  of  Pittsfield,  it  was 

Voted,  That  the  Committee  rise,  and  report  that  the  Report  of  the 
Standing  Committee  ought  to  be  accepted  by  the  Convention. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  MORTON,  of  Fairhaven,  in  the  chair. 

The  Committee  proceeded  to  the  consideration  of  the  Report  of 
the  Committee  on  the  Frame  of  Government,  that  it  is  inexpedient 
to  act  upon  an  Order  of  May  24th,  respecting  the  Purchase  of  Books, 
&c.,  by  the  Legislature. 

The  Report  was  accepted,  without  debate. 

On  motion  of  Mr.  Thompson,  of  Charlestown,  it  was 

Voted,  That  the  Committee  rise  and  report  to  the  Convention,  that 
the  Report  of  the  Standing  Committee  ought  to  be  accepted. 

And  the  Committee  accordingly  rose, 

29 


450  COMMITTEE    OF    THE    WHOLE.  [June  10th, 

Afterwards,  Mr.  HALL,  of  Haverhill,  in  the  chair. 

The  Committee  proceeded  to  the  consideration  of  the  Report  of 
the  Committee  on  the  Frame  of  Government,  that  it  is  inexpedient 
to  act  upon  an  Order  of  the  18th  of  May,  concerning  Biennial 
Elections,  and  Biennial  Sessions  of  the  Legislature. 

The  Report  was  accepted,  without  debate. 

On  motion  of  Mr.  Cushman,  of  Barnardston,  it  was 

Voted)  That  the  Committee  rise,  and  report  that  the  Report  of  the 
Standing  Committee  ought  to  be  accepted  by  the  Convention. 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  ALVORD,  member  for  Montague,  in  the  chair. 

The  Committee  proceeded  to  consider  the  Report  of  the  Committee 
on  the  Frame  of  Government,  that  it  is  inexpedient  to  act  upon  an 
Order  of  the  13th  of  May,  relative  to  the  expediency  of  requiring 
the  votes  of  a  majority  of  all  the  members  elected  to  the  Legislature, 
to  the  enactment  of  a  law,  or  passage  of  a  Resolve,  (printed  Doc 
ument  No.  34.) 

The  Report  was  accepted,  without  debate. 

It  was  then 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention,  that 
the  Report  of  the  Standing  Committee  ought  to  be  accepted. 

And  the  Committee  accordingly  rose. 


FRIDAY,  June  10,  1853. 

Mr.  GRISWOLD,  member  for  Erving,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  the 
consideration  of  the  Report  and  Resolves  from  the  Standing  Commit 
tee,  on  so  much  of  the  Constitution  as  relates  to  the  Secretary, 
Treasurer,  Attorney- General,  and  Solicitor- General,  (printed  Docu 
ment  No.  30.) 

After  debate  by  Messrs.  Bishop,  of  Lenox,  and  Davis,  of  Plymouth, 

Mr.  Davis,  of  Plymouth,  moved  that  the  several  Resolves  reported 
by  the  Committee,  be  considered  separately. 

This  motion  was  discussed  by  Messrs.  Aspinwall,  of  Brookline,  and 
Davis,  of  Plymouth,  when  it  was  adopted. 


1853.]  COMMITTEE    OF    THE    WHOLE.  451 

The  question  then  recurred  on  the  Resolves  of  the  Committee. 

After  debate  by  Messrs.  Hooper,  of  Fall  River,  and  Bishop,  of  Lenox, 
the  first  Resolve  was  adopted. 

The  second  Resolve  was  then  adopted,  without  debate. 

Mr.  Dana,  member  for  Manchester,  moved  to  amend  the  third  Re 
solve,  by  striking  out  of  the  first  line,  (printed  copy,)  the  words, 
"judges  of  probate." 

After  debate  by  Messrs.  Dana,  member  for  Manchester,  Bates,  of 
Plymouth,  Hooper,  of  Fall  River,  Thompson,  of  Charlestown,  and 
Schouler,  of  Boston, 

Mr.  Wilson,  of  Natick,  moved  to  amend  the  amendment,  by  in 
serting,  after  the  word  "  Probate,"  in  the  first  line,  the  words,  "  be 
elected  every  six  years,  and." 

Debate  followed  between  Messrs.  Schouler,  of  Boston,  Bishop,  of 
Lenox,  and  Morton,  of  Quincy, 

When  Mr.  Wilson  withdrew  his  amendment. 

Mr.  Hooper,  of  Fall  River,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 

The  motion  was  adopted. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  GRISWOLD,  member  for  Erving,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  its  last  session,  being  the  Report  of  the  Standing  Committee 
on  so  much  of  the  Constitution  as  relates  to  the  Secretary,  Treas 
urer,  &c.,  the  pending  question  being  upon  the  amendment  offered  by 
Mr.  Dana,  member  for  Manchester. 

Mr.  Dana  withdrew  his  amendment,  and  moved  to  amend  the  third 
Resolve,  by  inserting,  after  the  word  "  probate,"  the  following  words, — 
"  be  elected  once  in  six  years,  and." 

After  debate  by  Messrs.  Dana,  member  for  Manchester,  Bishop, 
of  Lenox,  Brinley,  of  Boston,  Bates,  of  Plymouth  Chapin,  of  Wor 
cester,  Bird,  of  Walpole,  and  Phinney,  member  for  Chatham, 

Mr.  Hallett,  member  for  Wilbraham,  moved,  that  when  the  Com 
mittee  rise,  it  recommend  to  the  Convention  that  it  recommit  to  the 
Standing  Committee,  that  part  of  the  third  Resolve  relating  to 
Judges  of  Probate. 

After  debate  by  Messrs.  Nayson,  of  Amesbury,  and  Hooper,  of  Fall 
River, 

The  motion  was  rejected. 

The  question  then  recurred  on  the  amendment  of  Mr.  Dana,  which 


452 


COMMITTEE    OF   THE   WHOLE.  [June  13th, 


was  adopted  by  a  vote  of  one  hundred  and  twenty  in  the  affirmative, 
and  ninety-three  in  the  negative. 

The  question  then  recurred  upon  the  adoption  of  the  third  Resolve, 
as  amended. 

After  debate  by  Messrs.  Aspinwall,  of  Brookline,  Bishop,  of  Lenox, 
and  Bates,  of  Plymouth, 

Mr.  Aspinwall,  of  Brookline,  moved  to  amend  the  Resolution  by 
striking  out  the  words  "  county  treasurers,"  in  the  third  line,  and 
inserting  the  words  "county  treasurers,  annually"  after  the  word 
"  triennially,"  in  the  fourth  line. 

Debate  followed  between  Messrs.  Hooper,  of  Fall  River,  Miller,  of 
"Wareham,  French,  of  Berkley,  and  Bishop,  of  Lenox, 

When  the  amendment  was  adopted,  by  a  vote  of  one  hundred  and 
three  in  the  affirmative,  and  seventy-five  in  the  negative. 

The  question  recurring  upon  the  Resolve,  as  amended, 

Mr.  Miller,  of  Wareham,  moved  to  strike  out  the  words  "  clerks  of 
the  courts,"  in  the  first  line. 

After  debate  by  Messrs.  Bates,  of  Plymouth,  Churchill,  of  Milton, 
Whitney,  of  Conway,  Hubbard,  of  Boston,  and  Davis,  of  Worcester, 

The  motion  was  rejected. 

Mr.  Hubbard,  of  Boston,  moved  to  amend  the  Resolve,  by  inserting 
after  the  word  "  treasurer,"  in  the  third  line,  (printed  copy,)  the  words 
"  except  the  treasurer  of  the  county  of  Suffolk," 

But  the  motion  was  rejected. 

The  third  Resolve,  as  amended,  was  then  adopted. 

After  remarks  by  Mr.  Wilson,  of  Natick,  the  fourth  Resolve  was 
adopted. 

On  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That  the  Committee  rise  and  report  to  the  Convention  that 
the  Resolves,  as  amended,  ought  to  be  adopted. 

And  the  Committee  accordingly  rose. 


MONDAY,  June  13,  1853. 

Mr.  LIVERMORE,  of  Cambridge,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  the 
consideration  of  a  Resolve  on  the  Legislative  Department  of  the 
Government,  reported  by  the  Committee  on  the  Frame  of  Govern 
ment,  (printed  Document  No.  38.) 


1853.]  COMMITTEE    OF    THE    WHOLE.  453 

Mr.  Brinley,  of  Boston,  moved  to  amend  the  Resolve,  by  striking 
out  the  last  paragraph  of  article  first,  commencing  with  the  word 
"  provided." 

Mr.  Eames,  of  Washington,  moved  to  amend  the  amendment,  by 
striking  out  all  after  the  word  "  governor,"  in  the  eighth  line  of 
article  1st. 

After  debate  by  Messrs.  Allen,  of  Worcester,  Brinley,  of  Boston, 
Eames,  of  Washington,  Schouler,  of  Boston,  Parsons,  of  Lawrence, 
Wilson,  of  Natick,  Hallett,  member  for  Wilbraham,  French,  of  Berk 
ley,  Davis,  of  Plymouth,  Chapin,  of  Webster,  Walker,  of  North 
Brookfield,  and  Chapin,  of  Worcester, 

Mr.  Brinley  called  for  a  division  of  the  question,  and  the  Chairman 
decided  the  motion  of  Mr.  Brinley  first  in  order. 

The  question  being  taken,  the  amendment  was  rejected. 

Mr.  Hallett,  member  for  Wilbraham,  then  moved  to  amend  the 
amendment  of  Mr.  Eames,  of  Washington,  by  adding  the  following  : 

The  Legislature  which  shall  assemble  next  after  the  adoption  of 
this  article  in  the  Constitution,  shall  fix  the  compensation  of  mem 
bers,  which  may  be  changed  at  any  subsequent  session ;  but  no  act 
affecting  the  pay  of  members,  passed  after  the  year  1854,  shall  take 
effect  until  the  session  next  after  its  passage  ;  and  no  compensation 
or  pay  shall  hereafter  be  allowed  for  the  attendance  of  members, 
longer  than  one  hundred  days,  at  any  one  session. 

Debate  followed  between  Messrs.  Hallett,  member  for  Wilbraham, 
Allen,  of  Worcester,  Bradbury,  of  Newton,  Wilson,  of  Natick,  King- 
man,  of  West  Bridgewater,  Davis,  of  Plymouth,  and  Morton,  of 
Fairhaven, 

When  Mr.  Bates,  of  Plymouth,  moved  that  the  Committee  rise, 
report  progress,  and  ask  leave  to  sit  again.  The  motion  was  adopted, 

And  the  Committee  accordingly  rose. 


TUESDAY,  June  14,  1853. 

Mr.  LIVERMORE,  of  Cambridge,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Resolve  on  the  Legislative  Department  of  the  Gov 
ernment,  the  pending  question  being  upon  the  amendment  offered  by 
Mr.  Hallett,  member  for  Wilbraham,  to  the  amendment  of  Mr.  Eames, 
of  Washington. 


454  COMMITTEE    OF    THE    WHOLE.  [June  14th, 

After  debate  by  Messrs.  Wilkins,  of  Boston,  Gray,  of  Boston, 
Foster,  of  Charlemont,  Morton,  of  Taunton,  Frothingharn,  of  Charles- 
town,  Whitney,  of  Boylston,  and  Sumner,  member  for  Otis, 

The  question  was  taken  on  the  amendment  of  Mr.  Eames,  and  it 
was  rejected. 

The  question  then  recurred  upon  the  amendment  moved  by  Mr. 
Hallett. 

After  debate  by  Messrs.  Upton,  of  Boston,  and  Stetson,  of  Brain- 
tree, 

Mr.  Morton,  of  Taunton,  moved  to  amend  the  amendment,  by 
striking  out  the  first  part,  as  far  as  and  including  the  word  "passage," 
and  inserting  instead  thereof,  the  words  : — 

The  Legislature  shall,  by  law,  establish  the  compensation  of  the 
members  thereof,  which  shall,  in  no  case,  be  increased  or  diminished 
during  their  continuance  in  office. 

Debate  followed  between  Messrs.  Frothingham,  of  Charlestown, 
Nayson,  of  Amesbury,  and  Morton,  of  Taunton, 

"When  Mr.  Morton  modified  his  amendment,  upon  the  suggestion 
of  Mr.  Bradbury,  of  Newton,  by  striking  out  the  words  "  or  dimin 
ished." 

Mr.  Allen,  of  Worcester,  addressed  the  Committee. 

The  question  then  being  taken,  the  amendment  of  Mr.  Morton  was 
rejected,  by  a  vote  of  fifty-five  in  the  affirmative,  and  one  hundred 
and  thirteen  in  the  negative. 

Mr.  Whitney,  of  Conway,  moved  to  reconsider  the  last  vote,  but 
the  motion  was  rejected. 

Th?  question  then  recurring  upon  the  amendment  of  Mr.  Hallett, 
it  was  adopted,  by  a  vote  of  one  hundred  and  thirty-five  in  the 
affirmative,  and  sixty-eight  in  the  negative. 

The  question  then  recurred  upon  the  Resolve,  as  amended.  The 
question  being  taken,  it  was  adopted. 

On  motion  of  Mr.  Weston,  of  Duxbury,  it  was 

Voted,  That  the  Committee  rise,  and  report  that  the  Eesolve,  as 
amended,  ought  to  pass. 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  the 
consideration  of  the  Resolves  reported  from  the  Committee  on  the 
House  of  Representatives,  (printed  Document  No.  18.) 


1853.]  COMMITTEE   OF    THE    WHOLE.  455 

After  remarks  by  Mr.  Griswold,  member  for  Erving, 
Mr.  Knowlton,  of  Worcester,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again.     The  motion  was  agreed  to, 
And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  its  last  session,  being  the  Resolves  on  the  subject  of  the 
House  of  Representatives. 

Mr.  Griswold,  member  for  Erving,  resumed  and  concluded  his 
remarks,  when 

Mr.  Hale,  of  Boston,  moved  to  amend  the  Resolves,  by  striking  out 
all  after  the  word  Resolved,  and  inserting  instead  thereof,  the  Resolve 
reported  from  the  Minority  of  the  Committee,  (printed  Document 
No.  18.) 

Mr.  Gray,  of  Boston,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again. 

But  the  motion  was  rejected. 

After  debate  by  Messrs.  Hale,  of  Boston,  and  Schouler,  of  Boston, 
on  motion  of  Mr.  Bird,  of  Walpole,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


WEDNESDAY,  June  15,  1853. 

Mr.  WILSON,  of  Natick,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  of  the  Committee  on  the  House  of  Repre 
sentatives,  the  pending  question  being  upon  the  amendment  moved 
by  Mr.  Hale,  of  Boston. 

After  debate  by  Messrs.  Rantoul,  of  Beverly,  Schouler,  of  Boston, 
and  Wood,  of  Middleborough, 

Mr.  Sargent,  of  Cambridge,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again.  The  motion  was  adopted, 

And  the  Committee  accordingly  rose. 


456  COMMITTEE    OF    THE    WHOLE.  [June  16th, 


Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

The  Committee,  by  direction  of  the  Convention,  resumed  the  con 
sideration  of  the  unfinished  business  of  its  last  session — the  Report 
on  the  House  of  Representatives,  the  pending  question  being  on 
the  amendment  of  Mr.  Hale,  of  Boston. 

After  debate  by  Messrs.  Sargent,  of  Cambridge,  and  Gray,  of  Bos 
ton, 

Mr.  Kinsman,  of  Newburyport,  moved  that  the  Committee  rise, 
report  progress,  and  ask  leave  to  sit  again.  The  motion  was  adopted, 
by  a  vote  of  eighty-nine  in  the  affirmative,  and  fifty-six  in  the  nega 
tive. 

And  the  Committee  accordingly  rose. 


THURSDAY,  June  16,  1853. 

Mr.  WILSON,  of  Natick,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  yesterday — the  Report  on  the  subject  of  the  House  of  Rep 
resentatives,  the  pending  question  being  on  the  amendment  of  Mr. 
Hale,  of  Boston. 

After  remarks  by  Mr.  Choate,  of  Boston, 

Mr.  Mixter,  of  New  Braintree,  moved  that  the  Committee  rise, 
report  progress,  and  ask  leave  to  sit  again.  The  motion  was  adopted, 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

The  Committee  proceeded  to  the  consideration  of  the  unfinished 
business  of  its  last  session — the  Report  on  the  subject  of  the  House 
of  Representatives. 

After  debate  by  Messrs.  Boutwell,  member  for  Berlin,  Walker,  of 
North  Brookfield,  Keyes,  member  for  Abington,  and  French,  of  Berk- 

ley, 

Mr.  Simonds,  of  Bedford,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again.  The  motion  was  adopted,  by  a 
vote  of  ninety-one  in  the  affirmative,  and  eighty-two  in  the  negative, 

And  the  Committee  accordingly  rose. 


1853.]  COMMITTEE    OF    THE   WHOLE.  457 


FRIDAY,  June  17,  1853. 

Mr.  WILSON,  of  Natick,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  Report  on  the 
subject  of  the  House  of  Representatives,  the  immediate  question 
being  upon  the  amendment  offered  by  Mr.  Hale,  of  Boston. 

After  debate  by  Messrs.  Hallett,  member  for  Wilbraham,  and 
Wood,  of  Fitchburg, 

Mr.  Parker,  of  Cambridge,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again ;  which  motion  was  adopted. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  its  last  session — the  Report  on  the  subject  of  the  House  of 
Representatives. 

After  debate  by  Messrs.  Parker,  of  Cambridge,  Hallett,  member 
for  Wilbraham,  Bird,  of  Walpole,  and  Dana,  member  for  Manchester, 

On  motion  of  Mr.  Dawes,  of  Adams,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


SATURDAY,  June  18,  1853. 

Mr.  NAYSON,  of  Amesbury,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  the 
consideration  of  the  Report  from  the  Committee  on  the  Frame  of 
Government : — 

"Inexpedient  to  act  upon  an  Order  of  June  3d,  concerning  the 
Compensation  of  Commissioners." 

The  Report  was  accepted,  without  debate. 
On  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Report  of  the  Standing  Committee  ought  to  be  accepted. 

And  the  Committee  accordingly  rose. 


458  COMMITTEE    OF    THE    WHOLE.  [June  20th, 

Afterwards,  Mr.  BRADBURY,  of  Newton,  in  the  chair. 
The  Committee  proceeded  to  the  consideration  of  the  Report  from 
the  Committee  on  the  subject  of  the  Governor: — 

"  Inexpedient  to  act  upon  an  Order  of  June  3d,  relative  to  the 
Pardoning  Power." 

Mr.  Churchill,  of  Milton,  moved  that  it  be  recommended  to  the 
Convention,  that  the  Report  be  recommitted  to  the  Standing  Com 
mittee. 

After  debate  by  Messrs.  Churchill,  of  Milton,  Choate,  of  Boston, 
Bird,  of  "Walpole,  and  Huntington,  of  Northampton, 

Mr.  Schouler,  of  Boston,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again ;  which  motion  was  adopted. 

And  the  Committee  accordingly  rose. 


MONDAY,  June  20,  1853. 

Mr.  BRADBURY,  of  Newton,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  unfinished  business  of  its  last  session — the  Report 
on  the  Pardoning  Power,  the  pending  question  being  on  the  amend 
ment  offered  by  Mr.  Churchill,  of  Milton. 

Mr.  Davis,  of  Worcester,  addressed  the  Committee. 

Mr.  Sumner,  member  for  Otis,  moved  to  amend  the  motion  of  Mr. 
Churchill,  by  substituting  the  following  : — 

That  it  be  recommended  that  the  Report  be  recommitted,  with 
instructions  to  report  a  resolve,  that  the  legislature  may  provide  by 
law,  regulations  relative  to  the  manner  of  applying  to  the  executive 
for  pardons. 

After  remarks  by  Mr.  Thompson,  of  Charlestown, 

Mr.   Churchill  withdrew  his   motion,   and    moved   to   amend   the 

Report  of  the  Committee  by  striking  out  the  words  "inexpedient  to 

act  thereon,"  and  inserting  the  following  : — 

Expedient,  that  in  all  applications  to  the  executive  to  remit  a 
portion  of  the  sentence  of  a  person  still  under  confinement,  or  to 
commute,  notice  shall  be  given  to  the  attorney  for  the  Common 
wealth,  of  the  time  and  place  of  such  hearing. 


1853.]  COMMITTEE   OF    THE   WHOLE.  459 

After  debate  by  Messrs.  Hallett,  member  for  Wilbraham,  Briggs, 
of  Pittsfield,  Whitney,  of  Boylston,  Keyes,  member  for  Abington, 
Churchill,  of  Milton,  Crowninshield,  of  Boston,  Wood,  of  Fitchburg, 
and  Upton,  of  Boston, 

The  amendment  was  rejected. 

The  question  then  recurring  upon  the  Report  of  the  Committee,  it 
was  accepted. 

Mr.  Earle,  of  Worcester,  then  moved  that  the  Committee  rise  and 
report  to  the  Convention  that  the  Report  of  the  Standing  Committee 
ought  to  be  accepted. 

The  motion  was  adopted. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  WOOD,  of  Fitchburg,  in  the  chair. 
The   Committee  proceeded  to  consider  the  following  Resolve,  re 
ported  from  the  Committee  on  the  subject  of  the  Governor: — 

Resolved,  That  it  is  expedient  to  amend  the  Constitution  by  abol 
ishing  the  title  of  "  His  Excellency." 

The  Resolve  was  adopted,  without  debate. 
On  motion  of  Mr.  Earle,  of  Worcester,  it  was 

Voted,  That  the  Committee  rise  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  ALLEN,  of  Worcester,  in  the  chair. 

The  Committee  proceeded  to  consider  the  Resolves  concerning  the 
Militia,  reported  from  the  Standing  Committee  on  that  subject, 
(printed  Document  No.  47.) 

After  remarks  by  Mr.  Oliver,  of  Lawrence, 

Mr.  Wilkins,  of  Boston,  moved  to  amend  the  Resolve  by  striking 
out  the  words  "written  votes,"  in  the  third,  fourth,  fifth  and  sixth  par 
agraphs,  and  inserting  instead  thereof  the  word  "ballot;"  but,  upon 
suggestion  of  Mr.  Hathaway,  of  Freetown,  withdrew  his  motion. 

Mr.  Oliver,  of  Lawrence,  moved  to  amend  the  sixth  paragraph  of 
the  Resolve,  by  inserting  after  the  word  "by,"  in  the  first  line,  the 
words,  "a  majority  of." 

And  the  motion  was  adopted. 

Mr.  Hallett,  member  for  Wilbraham,  moved  to  amend  the  twelfth 


460  COMMITTEE    OF    THE    WHOLE.  [June  20th, 

paragraph  of  the  Resolve,  by  striking  out  the  words  "three  years,"  in 
the  second  line,  and  inserting  the  words  "one  year,"  and  by  striking 
out  all  after  the  word  "qualified,"  in  the  fourth  line. 
On  motion  of  Mr.  Earle,  of  Worcester,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  ALLEN,  of  Worcester,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  its  last  session — the  Report  and  Resolves  concerning  the 
Militia,  the  immediate  question  being  upon  the  amendment  offered 
by  Mr.  Hallett  to  the  twelfth  paragraph  of  the  Resolve. 

The  question  being  taken  upon  the  amendment, 

It  was  rejected. 

Mr.  Oliver,  of  Lawrence,  moved  to  amend  the  tenth  paragraph,  by 
inserting,  after  the  word  "  appoint,"  in  the  first  line,  the  words  "  and 
commission  for  one  year,  or  until  their  successors  shall  be  commis 
sioned  and  qualified;" 

Which  motion  was  adopted. 

The  same  gentleman  moved  to  amend  the  twelfth  paragraph  by 
inserting,  after  the  word  "  several,"  in  the  first  line,  the  word  "  elective," 
and  striking  out  all  after  the  word  "  qualified,"  in  the  fourth  line ; 

Which  motion  was  also  adopted. 

Mr.  Bradford,  of  Essex,  moved  to  amend  the  seventh  paragraph, 
by  adding  thereto  the  following  words  : — 

Provided,  that  the  said  governor  shall  not,  at  any  time  hereafter, 
by  virtue  of  any  power  by  this  Constitution  granted,  or  hereafter  to 
be  granted  to  him  by  the  legislature,  transport  any  of  the  inhabitants 
of  this  Commonwealth,  or  oblige  them  to  march  out  of  the  limits  of 
the  same,  without  their  free  and  voluntary  consent,  or  the  consent  of 
the  general  court ;  except  so  far  as  may  be  necessary  to  march  or 
transport  them,  by  land  or  water,  for  the  defence  of  such  part  of  the 
State,  to  which  they  cannot  otherwise  conveniently  have  access. 

After  debate  by  Messrs.  Wilson,  of  Natick,  Parsons,  of  Lawrence, 
Davis,  of  Fall  River,  Oliver,  of  Lawrence,  Bird,  of  Walpole,  Hopkin- 
son  of  Boston,  Banks,  of  Waltham,  Briggs,  of  Pittsfield,  Keyes,  mem 
ber,  for  Abington,  Walker,  of  North  Brookfield,  Hallett,  member  for 
Wilbraham,  Butler,  of  Lowell,  Frothingham,  of  Charlestown,  Ball,  of 
Upton,  and  Bradford,  of  Essex, 


1853.J  COMMITTEE   OF   THE   WHOLE.  461 

The  amendment  was  rejected. 

Mr.  Hopkinson,  of  Boston,  moved  to  amend  the  seventh  paragraph 
by  adding  the  words,  "  to  be  exercised  according  to  the  laws  of  the 
land." 

The  same  gentleman  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again ; 

But  the  motion  wasjejected. 

Mr.  Hopkinson  then  withdrew  his  motion. 

Mr.  Keyes,  member  for  Abington,  addressed  the  Committee,  when, 

On  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That  the  Committee  rise,  and  report  that  the  Resolve,  as 
amended,  ought  to  pass. 

And  the  Committee  accordingly  rose. 


TUESDAY,  June  21,  1853, 

Mr.  WILSON,  of  Natick,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  of  the  Committee  on  the  House  of  Repre 
sentatives  ;  the  immediate  question  being  upon  the  motion  of  Mr. 
Hale,  of  Boston,  to  amend  by  substituting  the  Minority  Report  of 
the  Committee. 

After  remarks  by  Mr.  Dawes,  of  Adams, 

Mr.  Durgin,  of  Wilmington,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 

The  motion  was  adopted. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi- 
ness  of  its  last  session-— the  Report  concerning  the  House  of  Rep* 
resentatives,  the  pending  question  being  on  the  motion  of  Mr.  Hale; 
to  substitute  the  Minority  Report  of  the  Committee. 

After  debate  by  Messrs.  Durgin,  of  Wilmington,  and  Walker,  of 
North  Brookfield, 

The  question  was  taken  upon  the  amendment  offered  by  Mr.  Hale, 
and  it  was  rejected,  by  a  vote  of  sixty-one  in  the  affirmative,  and  one 
hundred  and  fifty-six  in  the  negative. 


462  COMMITTEE   OF   THE   WHOLE.  [June  22d, 

Mr.  Brinley,  of  Boston,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again. 

The  motion  was  adopted,  by  a  vote  of  eighty-eight  in  the  affirma 
tive,  and  eighty-one  in  the  negative. 

And  the  Committee  accordingly  rose. 


WEDNESDAY,  June  22,  1853. 
Mr.  SCHOULER,  of  Boston,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  Report  from  the  Committee  on  the  Militia, 

"  Inexpedient  to  act  upon  the  Petition  of  John  P.  Coburn,  <  That 
the  laws  may  be  so  modified,  that  no  able-bodied  male  citizen  may 
be  forbidden  or  prevented,  from  serving  or  holding  office  or  commis 
sion  in  the  Militia,  on  account  of  color.' " 

Mr.  Whitney,  of  Boylston,  addressed  the  Committee. 

Mr.  Wilson  of  Natick,  moved  to  amend  the  Report,  by  striking  out 
all  after  the  word  "  That,"  in  the  first  line,  as  far  as,  and  including 
the  word  "  but,"  in  the  fifth  line,  (printed  copy.) 

Debate  followed  between  Messrs.  Wilson,  of  Natick,  and  Churchill, 
of  Milton. 

Mr.  Briggs,  of  Pittsfield,  moved  to  amend  the  amendment,  by 
striking  out  all  after  the  word  "  Report,"  in  the  first  line,  as  far  as, 
and  including  the  word  "  that,"  in  the  last  line. 

After  remarks  by  Mr.  Banks,  of  Waltham, 

Mr.  Wilson  accepted  the  amendment. 

Mr.  Keyes,  member  for  Abington,  addressed  the  Committee, 

When,  the  question  being  taken,  the  amendment  was  rejected. 

Mr.  Whitney,  of  Boylston,  moved  to  amend,  by  inserting  after  the 
words  "just  named,"  in  the  sixteenth  line,  (printed  copy,)  the  words, 
"  but  no  distinction  shall  ever  be  made,  in  the  enrolment  of  persons 
to  serve  in  the  voluntary  militia  of  Massachusetts,  on  account  of 
difference  of  color." 

After  debate  by  Messrs.  Wilson,  of  Natick,  and  Keyes,  member  for 
Abington, 

Mr.  Whitney  modified  his  motion,  so  as  to  strike  out  all  after  the 
word  "  Report,"  in  the  first  line,  and  insert  the  following : — 

That  in  the  enrolment  of  the  voluntary  militia  of  the  Common 
wealth,  no  distinction  shall  ever  be  made  on  account  of  color. 


1853.]  COMMITTEE    OF    THE   WHOLE.  463 

The  question  then  being  taken,  the  amendment  was  rejected,  by  a 
vote  of  seventy-four  in  the  affirmative,  and  ninety-nine  in  the  negative. 

The  question  then  recurred  on  the  adoption  of  the  Report  of  the 
Committee,  and  being  taken,  it  was,  without  a  division,  decided  in 
the  affirmative. 

Mr.  Bates,  of  Plymouth,  moved  that  the  Committee  rise,  and  report 
to  the  Convention  that  the  Report  of  the  Standing  Committee  ought 
to  be  accepted. 

The  motion  was  agreed  to, 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  BOUTWELL,  member  for  Berlin,  in  the  chair. 

The  Committee  proceeded  to  consider  the  Report  of  the  Specia 
Committee,  to  whom  was  referred  the  subject  of  the  Loan  of  the 
State  Credit  to  any  individual  or  corporation,  and  the  several  Orders 
of  May  17th,  18th,  and  27th,  (printed  Document  No.  48.) 

After  debate  by  Messrs.  Keyes,  member  for  Abington,  and  Wilson, 
of  Shelburne, 

Mr.  Stetson,  of  Braintree,  moved  to  amend  the  Report,  by  striking 
out  all  after  the  word  "  Report,"  in  the  fourth  line,  (printed  copy,)  and 
inserting  the  following : — 

Resolved,  That  the  Constitution  be  so  amended  that,  hereafter 
no  loan  of  the  State  Credit  shall  be  given  to  any  corporation  or  indi 
vidual,  unless  the  question  is  first  submitted  to  the  people. 

Mr.  Bradford,  of  Essex,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again. 
The  motion  was  adopted, 
And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  CUSHMAN,  of  Bernardston,  in  the  chair. 
The  Committee  proceeded  to  consider  the  Report  from  the   Com 
mittee  on  the  Frame  of  Government : — 

"  Inexpedient  to  act  upon  an  Order  of  May  31st,  concerning  the  elec 
tion  of  Senators  in  the  Congress  of  the  United  States,  by  joint  ballot 
of  the  two  Houses  of  the  Legislature,"  (printed  Document  No.  39.) 

The  Report  was  accepted,  without  debate. 
On  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Report  of  the  Standing  Committee  ought  to  be  accepted. 

And  the  Committee  accordingly  rose. 


464  COMMITTEE    OF    THE   WHOLE.  [June  23d, 

Afterwards,  Mr.  BRIGGS,  of  Pittsfield,  in  the  chair. 

The  Committee  proceeded  to  consider  the  Resolves  reported  from 
the  Committee  on  the  Qualifications  of  Voters,  to  whom  was  re 
committed  the  third  Resolve  of  that  Committee,  reported  on  the  19th 
of  May,  together  with  an  amendment  prepared  thereto,  (printed  Doc 
ument  No.  55.) 

After  debate  by  Messrs.  Churchill,  of  Milton,  Aldrich,  of  Barre,  and 
Houghton,  of  Sterling, 

Mr.  Hopkinson,  of  Boston,  moved  to  amend  the  second  Resolve, 
by  striking  out  the  words  "  and  State,"  in  the  fourth  line,  (printed 
copy,)  and  inserting  after  the  word  "  officers,"  in  the  last  line,  the 
words,  "  or  for  any  officer  to  be  chosen,  or  upon  any  question  to  be 
decided  by  the  vote  of  the  people  of  the  whole  State." 

After  remarks  by  Messrs.  French,  of  Berkley,  and  Morton,  of 
Quincy,  the  amendment  was  adopted,  by  a  vote  of  seventy-four  in 
the  affirmative,  and  forty-seven  in  the  negative. 

Mr.  Stevens,  of  Clinton,  moved  to  amend  the  first  Resolve,  by 
striking  out  all  after  the  word  "  seas,"  in  the  fifth  line. 

Mr.  Stevens  addressed  the  Committee  upon  his  motion. 

Mr.  Duncan,  of  William stown,  moved  that  the  Committee  rise, 
report  progress,  and  ask  leave  to  sit  again. 

The  motion  was  adopted,  by  a  vote  of  fifty-nine  in  the  affirmative, 
and  fifty-one  in  the  negative. 

And  the  Committee  accordingly  rose. 


THURSDAY,  June  23,  1853. 

Mr.  SUMNER,  member  for  Otis,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  following  Resolve,  reported  from  a  Special  Committee: — - 

Resolved,  That  it  is  expedient  to  incorporate  into  the  Constitu 
tion  a  provision,  that  corporations  may  be  formed  under  general  laws, 
but  shall  not  be  created  by  special  act,  except  for  banking  or  muni 
cipal  purposes,  or  where  the  object  of  the  incorporation  shall  not  be 
attainable  under  general  laws. 

After  remarks  by  Mr.  Whitney,  of  Conway, 

Mr.  French,  of  Berkley,  moved  to  amend  the  Resolve,  by  striking 
out  all  after  the  word  "  act,"  in  the  third  line,  (printed  copy.) 


1853.] 


COMMITTEE    OF    THE    WHOLE.  465 


Remarks  were  made  by  Mr.  Bradford,  of  Essex,  when  the  motion 
was  rejected. 

Mr.  Stetson,  of  Brain  tree,  moved  to  amend,  by  striking  out  the 
words  "banking  or,"  in  the  fourth  line. 

Mr.  Nayson,  of  Amesbury,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 

But  after  remarks  by  Mr.  Whitney,  of  Conway,  the  motion  was 
rejected. 

After  debate  by  Messrs.  Earle,  of  Worcester,  and  Whitney,  of  Con- 
way, 

Mr.  Cole,  of  Cheshire,  moved  to  amend  the  amendment  of  Mr. 
Stetson,  by  striking  out  all  after  the  word  "  purposes,"  in  the  fourth 
line. 

Mr.  Chapin,  of  Springfield,  then  moved  that  the  Committee  rise, 
report  progress,  and  ask  leave  to  sit  again. 

The  motion  was  adopted,  by  a  vote  of  eighty-four  in  the  affirmative, 
and  sixty-five  in  the  negative. 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Majority  Report,  from  the  Committee  on  the  House 
of  Representatives. 

After  debate  by  Messrs.  Hillard,  of  Boston,  Dana,  member  for 
Manchester,  Schouler,  of  Boston,  Hooper,  of  Fall  River,  and  Bradford, 
of  Essex, 

On  motion  of  Mr.  Alley,  of  Lynn,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  its  last  session — -the  Report  on  the  House  of  Representatives. 

After  remarks  by  Messrs.  Alley,  of  Lynn,  and  Butler,  of  Lowell, 

Mr.  Butler,  of  Lowell,  moved  to  amend  the  Report  of  the  Commit 
tee,  by  striking  out  all  after  the  word  "  Resolved,"  and  inserting  what 
is  printed  as  Document  No.  65. 

Mr.  Brinley,  of  Boston,  moved  to  amend  the  amendment,  by  strik 
ing  out  all  after  the  word  "  Resolved,"  and  inserting  what  is  printed 
as  Document  No.  42. 


466  COMMITTEE    OF    THE    WHOLE. 


[June  24th, 


Debate  followed  between   Messrs.  Brinley,  of  Boston,  Edwards,  of 
Southampton,  Stevens,  of  Clinton,  and  Bradbury,  of  Newton, 
When,  on  motion  of  Mr.  Foster,  of  Charlernont,  it  was 

Voted,  That  the    Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


FRIDAY,  June  24,  1853. 

Mr.  WALKER,  of  North  Brookfield,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  on  the  House  of  Representatives,  the  pending 
question  being  upon  the  amendment  of  Mr.  Brinley,  of  Boston,  to 
the  amendment  offered  by  Mr.  Butler,  of  Lowell. 

After  debate  by  Messrs.  Foster,  of  Charlemont,  Morss,  of  Newbury- 
port,  Kinsman,  of  Newburyport,  Upham,  of  Salem,  and  Holder,  of 
Lynn, 

The  amendment  of  Mr.  Brinley  was  rejected. 

The  question  then  recurred  on  the  amendment  of  Mr.  Butler. 

Mr.  Gray,  of  Boston,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again,  but  the  motion  was  rejected. 

Mr.  Butler,  of  Lowell,  modified  his  amendment  by  striking  out,  in 
the  seventh  paragraph  of  the  first  Resolve,  the  words,  "  and  of  less 
than  fifteen  thousand;"  also,  by  striking  out,  in  the  eighth  paragraph 
of  the  same  Resolve,  the  word  "fifteen,"  and  inserting  the  words 
"  over  twelve ; "  and  striking  out,  in  the  first  and  second  lines,  the 
words,  "and  upwards,"  and  in  the  second  line,  the  words,  "one  repre 
sentative  and,"  and  inserting,  after  the  word  "additional,"  in  the  third 
line,  the  word  "representative,"  and  substituting  the  word  "addi 
tional"  for  the  word  "whole,"  in  the  fourth  line. 

After  remarks  by  Mr.  Gray,  of  Boston, 

Mr.  Stetson,  of  Braintree,  moved  an  amendment  to  the  amendment, 
which  is  printed  as  Document  No.  70. 

After  remarks  by  Mr.  Huntington,  of  Northampton, 

On  motion  of  Mr.  Butler,  of  Lowell,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


1853.]  COMMITTEE   OF   THE   WHOLE.  467 


Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  Report  on  the 
House  of  Representatives;  the  pending  question  being  on  the  amend 
ment  of  Mr.  Stetson  to  the  amendment  of  Mr.  Butler. 

The  question  being  taken  upon  the  amendment  of  Mr.  Stetson,  it 
was  rejected. 

The  question  recurred  on  the  amendment  of  Mr.  Butler. 

Mr.  Earle,  of  Worcester,  moved  to  amend  the  amendment,  by  strik 
ing  out  all  after  the  word  "follows,"  in  the  first  paragraph  of  the  first 
Resolve,  and  inserting  what  is  printed  as  Document  No.  71. 

After  debate  by  Messrs.  Brown,  of  Dracut,  Earle,  of  Worcester, 
and  Adams,  of  Lowell, 

The  amendment  was  rejected. 

The  question  then  recurred  on  the  amendment  of  Mr.  Butler. 

Mr.  Gardner,  of  Seekonk,  moved  to  amend  the  amendment  by 
striking  out,  in  the  fourth  Resolve,  the  words  "fifteen  hundred,"  and 
inserting  the  words  "one  thousand;"  but  after  debate  by  Messrs. 
Gardner,  of  Seekonk,  and  Butler,  of  Lowell, 

The  motion  was  rejected. 

Mr.  Adams,  of  Lowell,  moved  to  amend  the  amendment,  by  strik 
ing  out  all  after  the  word  "  published,"  in  the  seventh  line  of  the  third 
Resolve. 

Debate  followed  between  Messrs.  Bird,  of  Walpole,  Griswold, 
member  for  Erving,  Earle,  of  Worcester,  Bradbury,  of  Newton, 
Walker,  of  North  Brookfield,  Butler,  of  Lowell,  Whitney,  of  Con- 
way,  Adams,  of  Lowell,  Banks,  of  Waltham,  Frothingham,  of 
Charlestown,  Hood,  of  Lynn,  and  Bates,  of  Plymouth, 

When  the  amendment  was  rejected  by  a  vote  of  thirty-four  in  the 
affirmative,  and  one  hundred  and  seven  in  the  negative. 

The  question  recurring  upon  the  amendment  of  Mr.  Butler, 

Mr.  Griswold,  member  for  Erving,  moved  to  amend  the  amendment^ 
by  inserting  after  the  word  "inhabitants,"  in  the  twelfth  line  of  the 
third  Resolve,  (printed  copy,)  the  words  following :  "  and  of  the 
towns  which  shall  hereafter  be  created,  with  power  to  send  one  repre 
sentative." 

After  remarks  by  Messrs.  Walker,  of  North  Brookfield,  and  Gris 
wold,  member  for  Erving, 

On  motion  of  Mr.  Greene,  of  Brookfield,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


468  COMMITTEE    OF    THE   WHOLE.  [June  27th, 

SATURDAY,  June  25,  1853. 

Mr.  WILSON,  of  Natick,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  from  the  Committee  on  the  House  of  Repre 
sentatives,  the  immediate  question  being  upon  the  amendment  moved 
by  Mr.  Griswold,  member  for  Erving,  to  the  amendment  of  Mr.  Butler. 

The  question  being  taken,  the  amendment  was  adopted,  by  a  vote 
of  one  hundred  and  eight  in  the  affirmative,  and  seventeen  in  the 
negative. 

The  question  then  recurred  upon  the  amendment  as  amended. 

After  debate  by  Messrs.  Sargent,  of  Cambridge,  Whitney,  of  Boyls- 
ton,  Rockwell,  of  Pittsfield,  Spooner,  of  Warwick,  Chapin,  of  Wor 
cester,  Eames,  of  Washington,  Alley,  of  Lynn,  Bradbury,  of  Newton, 
Waters,  of  Millbury,  and  Churchill,  of  Milton, 

Mr.  Gardner,  of  Seekonk,  moved  to  amend  the  amendment  by  sub 
stituting  what  is  printed  as  Document  No.  68. 

Mr.  Gardner  addressed  the  Committee,  when 

The  motion  was  rejected. 

After  further  debate  by  Messrs.  Hubbard,  of  Boston,  Gardner,  of 
Boston,  and  Chapin,  of  Springfield, 

Mr.  Crowell,  of  Dennis,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 

The  motion  was  adopted, 

And  the  Committee  accordingly  rose. 


MONDAY,  June  27,  1853. 

Mr.  HUNTINGTON,  of  Northampton,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  Report  from  the  Committee  on  the  Militia  (printed  Document 
No.  60)  :— 

"  Inexpedient  to  act  upon  an  Order  of  June  15th,  instructing  them 
to  consider  the  expediency  of  so  amending  the  Constitution,  as  to 
strike  out  whatever  relates  to  the  militia,  and  instead  thereof  provide 
for  the  registration  of  all  citizens  between  twenty-one  and  fifty  years 
of  age,  as  a  standing  police  of  the  Commonwealth,  to  render  such 
assistance  as  may  be  necessary  for  the  preservation  of  the  peace  and 
the  faithful  and  efficient  execution  of  the  laws  of  the  Commonwealth." 


1853.]  COMMITTEE    OF    THE    WHOLE.  469 

After  debate  by  Messrs.  Oliver,  of  Lawrence,  and  Whitney,  of 
Boylston, 

Mr.  Hall,  of  Haverhill,  moved  that  the  Committee  rise,  and  report 
to  the  Convention,  that  the  Report  of  the  Standing  Committee  ought 
to  be  accepted. 

The  motion  was  adopted, 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  GRISWOLD,  member  for  Erving,  in  the  chair. 
The  Committee  proceeded  to  consider  the  Report  from  the  Com 
mittee  on  the  Qualifications  of  Voters  : — 

"  Inexpedient  to  act  upon  an  Order  of  the  30th  of  May,  in  relation 
to  the  expediency  of  providing,  that  ability  to  read  and  write  shall 
be  an  indispensable  requisite  for  the  exercise  of  the  elective  franchise ; 
and  also  an  Order  of  same  date,  in  relation  to  a  forfeiture  of  the  right 
to  vote  in  case  of  voluntary  neglect  to  exercise  that  right."  (Printed 
Document  No.  67.) 

Mr.  Lothrop,  of  Boston,  moved  to  amend  the  Report  by  striking 
out  all  after  the  word  "  Report,"  in  the  eighth  line,  (printed  copy,)  and 
inserting  the  following : — 

"That,  in  every  election,  every  voter  born  in  this  Commonwealth, 
shall  be  able  to  read  the  printed  ballots  out  of  which  he  selects  one 
to  deposit  as  his  vote." 

Mr.  Lothrop  addressed  the  Committee  upon  his  motion. 

Mr.  Churchill,  of  Milton,  moved  to  amend  the  amendment  by 
inserting,  after  the  word  "Commonwealth,"  the  words,  "after  the 
adoption  of  this  Constitution;"  which  was  accepted  by  Mr.  Lothrop. 

Mr.  Marvin,  of  Winchendon,  then  moved  that  the  Committee  rise, 
report  progress,  and  ask  leave  to  sit  again. 

But  the  motion  was  rejected. 

After  remarks  by  Mr.  Phelps,  of  Munroe,  the  question  was  taken 
upon  the  amendment  as  amended,  and  decided  in  the  negative, 

Mr.  Wilson,  of  Natick,  then  moved  that  the  Committee  rise,  and 
report  to  the  Convention  that  the  Report  of  the  Standing  Committee 
ought  to  be  accepted. 

The  motion  was  adopted, 

And  the  Committee  accordingly  rose. 


470  COMMITTEE    OF    THE    WHOLE.  [June  27th, 


Afterwards,  Mr.  STETSON,  of  Braintree,  in  the  chair. 
The  Committee   proceeded  to   consider  the  following  Resolve,  re 
ported  from  the  Committee  on  the  Qualifications  of  Voters : — 

Resolved,  That  the  Constitution  be  so  amended  as  to  require  a 
voting  list  or  registry,  and  to  protect  presiding  officers  in  adhering 
thereto. 

On  motion  of  Mr.  Adams,  of  Lowell,  the^Resolve  was  adopted. 
It  was  then 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  KEYES,  member  for  Abington,  in  the  chair. 
The   Committee  resumed  the  consideration  of  the  following  Re 
solve,  reported  from  a  special  committee  : — 

Resolved,  That  it  is  expedient  to  incorporate  into  the  Constitution 
a  provision,  that  corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  act,  except  for  banking  or  municipal 
purposes,  or  where  the  object  of  the  incorporation  shall  not  be  attain 
able  under  general  laws. 

The  pending  question  being  upon  the  amendment  of  Mr.  Cole,  of 
Cheshire,  to  the  amendment  offered  by  Mr.  Stetson,  of  Braintree. 

After  remarks  by  Messrs.  Stetson,  of  Braintree,  and  Whitney,  of 
Conway, 

The  question  was  taken  upon  the  amendment  of  Mr.  Stetson,  and 
it  was  rejected. 

The  question  then  recurred  upon  the  amendment  of  Mr.  Cole. 

After  further  debate  by  Messrs.  French  of  Berkley,  Cole,  of 
Cheshire,  and  Huntington,  of  Northampton, 

Mr.  Cole  modified  his  amendment  so  as  to  move  to  strike  out  all 
after  the  word  "  shall,"  in  the  last  line  of  the  Resolve,  and  insert  the 
words  "be  for  literary  or  charitable  purposes." 

Mr.  Frothingham,  of  Charlestown,  addressed  the  Committee  upon 
the  question. 

Mr.  Stetson,  of  Braintree,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again ; 

But  the  motion  was  rejected,  by  a  vote  of  twenty  in  the  affirmative, 
and  eighty-one  in  the  negative. 


1853.]  COMMITTEE    OF    THE    WHOLE.  471 

After  debate  by  Messrs.  Bradford,  of  Essex,  Whitney,  of  Conway, 
Huntington,  of  Northampton,  Bartlett,  of  Boston,  Bird  of  Walpole, 
Wilson,  of  Natick,  Lord,  of  Salem,  Stetson,  of  Braintree,  Alley,  of 
Lynn,  Nayson,  of  Amesbury,  and  Cole,  of  Cheshire, 

The  amendment  of  Mr.  Cole  was  rejected. 

The  question  then  recurred  upon  the  Resolve,  as  reported  by  the 
Committee. 

Mr.  Wilson,  of  Natick,  moved  to  amend  by  inserting  the  word 
"railway,"  after  the  word  "banking,"  in  the  fourth  line, 

Which  motion  was  adopted,  by  a  vote  of  ninety-one  in  the  affirm 
ative,  and  thirty-two  in  the  negative. 

Mr.  Bird,  of  Walpole,  moved  to  amend  by  inserting,  after  the  word 
"railway,"  the  word  "manufacturing;" 

But  the  motion  was  rejected. 

Mr.  Nayson,  of  Amesbury,  moved  further  to  amend  by  striking  out 
all  after  the  word  "laws,"  in  the  third  line,  and  inserting  the  words, 
"in  all  cases  where  the  object  of  such  corporation  is  attainable  under 
the  same,  and  where  provision  is  thus  made  by  general  laws,  no  cor 
poration  shall  be  formed  by  special  act." 

On  motion  of  Mr.  Butler,  of  Lowell,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  of  the  Committee  on  the  House  of  Repre 
sentatives  ;  the  immediate  question  being  upon  the  amendment  of 
Mr.  Butler,  of  Lowell,  as  amended. 

After  debate  by  Messrs.  Boutwell,  member  for  Berlin,  Wilkins,  of 
Boston,  and  Keyes,  member  for  Abington, 

On  motion  of  Mr.  Keyes,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  KEYES,  member  for  Abington,  in  the  chair. 
The  Committee  resumed  the  consideration  of  the  Resolve,  reported 
from  a  special  committee,  concerning  General  Laws  for  Corporations, 


472  COMMITTEE    OF    THE    WHOLE.  [June  27th, 

the  pending  question  being  upon  the  amendment  moved  by  Mr. 
Nayson,  of  Amesbury. 

After  debate  by  Messrs.  Nayson,  of  Amesbury,  and  Upton,  of 
Boston, 

The  question  being  taken  upon  the  amendment,  it  was  adopted,  by 
a  vote  of  ninety-six  in  the  affirmative,  and  twenty-seven  in  the 
negative. 

Mr.  Morton,  of  Quincy,  moved  that  the  Committee  rise  and  report 
that  the  Resolve,  as  amended,  ought  not  to  pass ; 

But  the  motion  was  rejected,  by  a  vote  of  sixty-one  in  the  affirma 
tive,  and  one  hundred  and  nineteen  in  the  negative. 

The  question  then  recurring  upon  the  Resolve,  as  amended,  it  was 
adopted. 

On  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That  the  Committee  rise,  and  report  that  the  Resolve,  as 
amended,  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  FROTHINGHAM,  of  Charlestown,  in  the  chair. 

The  Committee  proceeded  to  consider  the  Resolves  (printed  Docu 
ment  No.  61)  reported  from  the  Committee  on  the  Qualifications  of 
Voters,  to  whom  was  referred  an  Order  of  16th  of  June,  respecting 
loss  of  residence  in  consequence  of  absence  while  on  the  business  of 
this  State,  or  of  the  United  States ;  and  also  respecting  idiots,  insane 
persons,  and  persons  convicted  of  infamous  crimes. 

After  debate  by  Messrs.  Hooper,  of  Fall  River,  Aldrich,  of  Barre, 
and  Bates,  of  Plymouth, 

Mr.  Morton,  of  Andover,  moved  that  the  Committee  rise,  and*  report 
that  the  Resolves  ought  not  to  pass. 

The  motion  was  adopted, 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  BOUTWELL,  member  for  Berlin,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  Report  of  the 
Special  Committee  on  the  subject  of  Loaning  the  State  Credit,  the 
pending  question  being  upon  the  amendment  moved  by  Mr.  Stetson, 
of  Braintree. 

After  remarks  by  Mr.  Cole,  of  Cheshire, 


1853.]  COMMITTEE    OF    THE    WHOLE.  473 

On  motion  of  Mr.  Durgin,  of  Wilmington,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


TUESDAY,  June  28,  1853. 

Mr.  BOUTWELL,  member  for  Berlin,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  unfinished  business  of  yesterday — the  Report  on  the 
subject  of  Loaning  the  State  Credit,  the  pending  question  being 
upon  the  amendment  of  Mr.  Stetson,  of  Braintree. 

After  debate  by  Messrs.  Cole,  of  Cheshire,  Weeks,  of  Harwich, 
Stetson,  of  Braintree,  French,  of  Berkley,  Foster,  of  Charlemont, 
Sargent,  of  Cambridge,  Wilson,  of  Natick,  and  Duncan,  of  Williams- 
town, 

Mr.  Hurlbut,  of  Sudbury,  moved  to  amend  the  amendment  of  Mr. 
Stetson,  by  striking  out  all  after  the  word  "that,"  and  inserting  the 
following :  "from  and  after  the  first  day  of  May,  which  will  be  in  the 
year  eighteen  hundred  and  fifty-five,  the  credit  or  moneys  of  the  State 
be  not  loaned  to  the  prosecution  of  any  private  enterprise,  unless  first 
submitted  to,  and  accepted  by,  the  people." 

After  debate  by  Messrs.  Hurlbut,  of  Sudbury,  Hooper,  of  Fall 
River,  Keyes,  member  for  Abington,  Hillard,  of  Boston,  Wilson,  of 
Natick,  Davis,  of  Plymouth,  Phinney,  member  for  Chatham,  Weeks, 
of  Harwich,  Morton,  of  Taunton,  Walker,  of  North  Brookfield,  and 
Whitney,  of  Boylston, 

The  question  was  taken,  and  the  amendment  was  rejected. 

The  question  then  recurring  upon  the  amendment  of  Mr.  Stetson, 

It  was  rejected,  by  a  vote  of  one  hundred  and  forty-four  in  the 
affirmative,  and  one  hundred  and  forty-five  in  the  negative. 

The  question  then  recurred  upon  agreeing  to  the  Report  of  the 
Committee. 

Mr.  Tyler,  of  Pawtucket,  moved  to  amend  the  Report  by  striking 
out  all  after  the  word  "  Report,"  and  inserting  the  following : — 

That  it  is  expedient  so  to  amend  the  Constitution,  as  to  provide 
that  every  bill  for  loaning  the  credit  of  the  State  to  private  corpora- 


474  COMMITTEE    OF    THE    WHOLE.  [June  28th, 

tions,  shall  be  framed  by  one  legislature,  and  be  referred  to  a  succeed 
ing  legislature,  before  it  shall  become  a  law. 

Mr.  Cole,  of  Cheshire,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again  ; 

But  the  motion  was  rejected. 

Mr.  Tyler  addressed  the  Committee  upon  his  motion. 

Mr.  Miller,  of  Wareham,  renewed  the  motion  of  Mr.  Cole,  that  the 
Committee  rise,  report  progress,  and  ask  leave  to  sit  again ; 

But  the  motion  was  rejected. 

The  question  being  taken  upon  the  amendment  of  Mr.  Tyler,  it 
was  rejected. 

After  remarks  by  Mr.  James,  of  South  Scituate, 

Mr.  Cogswell,  of  Yarmouth,  moved  to  amend  the  Report,  by  strik 
ing  out  all  after  the  word  "Report,"  and  inserting  the  following 
Resolve : — 

Resolved,  That  the  legislature  shall  have  no  power,  unless  by  vote 
of  two-thirds  of  the  members  elected  to  either  branch  thereof,  to  loan 
money  or  otherwise  involve  the  State  in  debt,  except  in  case  of  war, 
invasion  or  insurrection. 

But  the  motion  was  rejected. 

The  question  then  recurred  upon  the  Report  of  the  Committee. 

Pending  this  question, 

On  motion  of  Mr.  Hall,  of  Haverhill,  it  was 

Voted,  That  the  Commfttee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  WILSON,  of  Natick,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  from  the  Committee  on  the  House  of  Rep 
resentatives,  the  pending  question  being  upon  the  amendment  moved 
by  Mr.  Butler,  of  Lowell. 

After  debate  by  Messrs.  Weston,  of  Duxbury,  Keyes,  member  for 
Abington,  Upton,  of  Boston,  Kingman,  of  West  Bridgewater,  Wil- 
kins,  of  Boston,  and  Wilkinson,  of  Dedham, 

The  question  was  taken  upon  the  amendment  of  Mr.  Butler, 

And  it  was  adopted,  by  a  vote  of  one  hundred  and  fifty-five  in  the 
affirmative,  and  one  hundred  and  thirteen  in  the  negative. 


1853.]  COMMITTEE    OF    THE    WHOLE.  475 

On  motion  of  Mr.  Bird,  of  Walpole,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  the 
Resolves,  with  the  amendment. 

And  the  Committee  accordingly  rose. 


THURSDAY,  June  30,  1853. 

Mr.  LORD,  of  Salem,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  Report  from  the  Committee  on  the  Frame  of  Government : 

"  Inexpedient  to  act  upon  an  Order  of  May  17th,  respecting  the 
reference  by  the  legislature  to  the  people,  of  legislative  acts  for  ap 
proval  or  rejection,"  (printed  Document  No.  82.) 

The  Report  was  accepted,  without  debate, 

And  on  motion  of  Mr.  Davis,  of  Plymouth,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Report  of  the  Standing  Committee  ought  to  be  accepted. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  EARLE,  of  Worcester,  in  the  chair. 
The  Committee  proceeded  to  consider  the  Report  (printed  Docu 
ment  No.  81)  from  the  Committee  on  the  Frame  of  Government : — 

"  Inexpedient  to  act  upon  an  Order  of  June  3d,  instructing  them  to 
consider  the  expediency  of  securing  to  women,  by  constitutional  pro 
vision,  their  property,  acquired  by  devise,  inheritance  or  otherwise, 
and  an  Order  of  May  20th,  on  the  same  subject." 

The  Report  was  accepted,  without  debate. 
It  was  then 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Report  of  the  Standing  Committee  ought  to  be  accepted. 

And  the  Committee  accordingly  rose. 


476  COMMITTEE    OF   THE    WHOLE.  [June  30th, 


Afterwards,  Mr.  WHITNEY,  of  Boylston,  in  the  chair. 
The  Committee  proceeded  to  consider  the  Report  from  the  Com 
mittee  on  the  Frame  of  Government : — 

"  Inexpedient  to  act  upon  an  Order  of  June  9th,  relative  to  the 
remuneration  of  persons  tried  for  offences  against  the  State  and 
acquitted." 

The  Report  was  accepted,  without  debate, 
"When  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Report  of  the  Standing  Committee  ought  to  be  accepted. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  WOOD,  of  Middleborough,  in  the  chair. 
The  Committee  proceeded  to  consider  the  Report  from  the  Com 
mittee  on  the  Frame  of  Government: — 

"  Inexpedient  to  act  upon  the  Petition  of  Silas  Lamson  and  forty- 
four  others." 

The  Report  was  accepted,  without  debate, 

And,  on  motion  of  Mr.  Davis,  of  Worcester,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Report  of  the  Standing  Committee  ought  to  be  accepted. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  JAMES,  of  South  Scituate,  in  the  chair. 
The  Committee  proceeded  to  consider  the  Report  from  the  Com 
mittee  on  the  Judiciary  : — 

"  Inexpedient  to  act  upon  an  Order  of  June  6th,  relative  to  granting 
the  subject  'a  certain  remedy  in  law,  prompt  and  without  delay/  and 
an  Order  of  same  date,  relating  to  the  codification  of  the  laws." 

The  Report  was  accepted,  without  debate. 

When,  on  motion  of  Mr.  Hall,  of  Haverhill,  it  was 

Voted,  That  the  Committee  rise,  and  report  that  the  Report  of  the 
Standing  Committee  ought  to  be  accepted. 

And  the  Committee  accordingly  rose. 


1853.]  COMMITTEE    OF    THE    WHOLE.  477 


Afterwards,  Mr.  DAVIS,  of  Plymouth,  in  the  chair. 
The    Committee  proceeded  to  consider  the  following  Resolve,  re 
ported  from  the  Committee  on  the  Secretary,  Treasurer,  &c. 

Resolved,  That  it  is  inexpedient  so  to  amend  the  Constitution,  as 
to  require  that  "  every  person  holding  an  office  in  or  under  the  State 
government,  shall  retire  therefrom  at  the  expiration  of  six  years' 
service." 

The  Resolve  was  adopted,  without  debate. 

When,  on  motion  of  Mr.  James,  of  South  Scituate,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  SARGENT,  of  Cambridge,  in  the  chair. 
The  Committee  proceeded  to  consider  the  following  Resolve,  re 
ported  from  the  Committee  on  the  Governor. 

Resolved,  That  it  is  expedient  to  amend  the  Constitution,  by  strik 
ing  out  the  whole  of  article  7th  in  section  1st,  chapter  2d. 

The  Resolve  was  agreed  to,  and 

On  motion  of  Mr.  Davis,  of  Worcester,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  HOOPER,  of  Fall  River,  in  the  chair. 
The  Committee  proceeded  to  consider  the  following  Resolve,  re 
ported  from  the  Committee  on  the  Frame  of  Government : — 

Resolved,  That  the  Constitution  be  so  amended,  as  to  require  that 
a  census  of  the  State  be  taken  in  the  year  eighteen  hundred  and  fifty- 
five,  and  on  every  tenth  year  from  and  after  that  period. 

Mr.  Earle,  of  Worcester,  moved  to  amend  the  Resolve,  by  inserting 
after  the  word  "  the,"  in  the  second  line,  the  words  "  whole  population 
of  the." 

The  question  was  debated  by  Messrs.  Earle,  of  Worcester,  Liver- 
more,  of  Cambridge,  Griswold,  member  for  Erving,  Walker,  of  North 


478  COMMITTEE   OF    THE   WHOLE.  [July  5th, 

Brookfield,  Briggs,  of  Pittsfield,  Wilkins,  of  Boston,  Banks,  of  Wal- 
tham,  Hale,  of  Bridgewater,  and  Allen,  of  Worcester, 

When  the  question  was  taken,  and  the   amendment  was  adopted. 

Mr.  Allen,  of  Worcester,  moved  further  to  amend  the  Resolve,  by 
adding  the  following  words :  "  instead  of  the  decennial  census  now 
required  by  the  Constitution." 

The  question  was  taken,  and  the  amendment  was  adopted. 

The  question  then  recurred  upon  the  adoption  of  the  Resolve,  as 
amended. 

After  debate  by  Messrs.  Briggs,  of  Pittsfield,  Earle,  of  Worcester, 
and  Gray,  of  Boston, 

The  Resolve,  as  amended,  was  adopted. 

On  motion  of  Mr.  Hale,  of  Bridgewater,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  the 
Resolve,  with  the  amendments. 

And  the  Committee  accordingly  rose. 


TUESDAY,  July  5,  1853. 

Mr.  PARKER,  of  Cambridge,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  following  Resolve,  reported  from  the  Committee  on  the  En 
couragement  of  Literature : — 

Resolved,  That  it  is  not  expedient  to  alter  the  Constitution,  so  as 
to  confer  any  additional  powers  upon  the  Legislature  in  relation  to 
the  education  of  females. 

The  Resolve  was  agreed  to,  without  debate. 

When,  on  motion  of  Mr.  Davis,  of  Worcester,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  WALKER,  of  North  Brookfield,  in  the  chair. 
The  Committee  proceeded  to   consider  the  following   Resolve,  re 
ported  from  the  Committee  on  the  Encouragement  of  Literature : — 


1853.] 


COMMITTEE    OF    THE   WHOLE.  479 


Resolved,  That  it  is  not  expedient,  so  to  alter  the  Constitution  as 
to  provide  that  a  Board  of  Education  and  a  Board  of  Agriculture 
shall  be  established  as  permanent  departments  of  the  government. 

Mr.  Thompson,  of  Charlestown,  moved  that  the  Resolve  be  adopted. 

After  remarks  by  Mr.  Cogswell,  of  Yarmouth,  the  motion  was 
agreed  to. 

It  was  then  voted  that  the  Committee  rise,  and  report  to  the  Con 
vention  that  the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  SCHOULER,  of  Boston,  in  the  chair. 
The   Committee  proceeded  to  consider  the  following  Resolve,  re» 
ported  from  the  Committee  on  the  Encouragement  of  Literature : — • 

Resolved,  That  it  is  expedient  so  to  amend  the  Constitution,  as  to 
provide  that  no  public  money  in  this  Commonwealth,  whether  accru- 
ing  from  funds,  or  raised  by  taxation,  shall  ever  be  appropriated  for 
the  support  of  sectarian  or  denominational  schools. 

The  Resolve  was  agreed  to,  without  debate. 
When,  on  motion  of  Mr.  Knight,  of  Peru,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  SUMNER,  member  for  Otis,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  a  series  of  Resolves  reported  from  the  Committee  on  Oaths  and 
Subscriptions,  which  are  printed  as  Document  No.  76. 

On  motion  of  Mr.  Hooper,  of  Fall  River,  it  was 

Voted,  To  strike  out  the  word  u  legislature,"  in  the  last  line  of  the 
first  Resolve,  and  insert  instead  thereof,  the  word  "  law.'* 

Mr.  Brinley,  of  Boston,  moved  to  strike  out  the  third  Resolve. 

The  question  was  debated  by  Messrs.  Stetson,  of  Braintree,  King- 
man,  of  West  Bridgewater,  Upton,  of  Boston,  and  Wilson,  of  Natick, 

Mr.  Earle,  of  Worcester,  moved  to  amend  the  amendment,  by 
striking  out  the  words  "  of  Massachusetts." 

After  remarks  by  Mr.  Brinley,  of  Boston,  the  motion  was  rejected. 

The  question  then  recurred  upon  the  amendment  of  Mr.  Brinley. 

After  further  debate  by  Messrs.  Earle,  of  Worcester,  Walker,  of 
North  Brookfield,  and  Wilson,  of  Natick, 


480  COMMITTEE  OF  THE  WHOLE.  [July  5th, 

Mr.  Hooper,  of  Fall  River,  moved  to  amend  the  amendment,  by 
striking  out,  in  the  seventh  line  of  the  third  Resolve,  all  after  the  word 
"  the,"  and  inserting  the  words  "  p2ople  represented  in  the  general 
court," 

Debate  followed  between  Messrs.  Frothingham,  of  Charlestown, 
Upton,  of  Boston,  Bchouler,  of  Boston,  Hooper,  of  Fall  River,  and 
Kingman,  of  West  Bridgewater, 

When  the  motion  was  rejected. 

The  question  recurring  upon  the  amendment  of  Mr.  Brinley, 

Mr.  Earle,  of  Worcester,  moved  to  amend  the  amendment,  by  in 
serting  after  the  word  "  of,"  in  the  last  line,  the  words,  "  the  Com 
monwealth  of." 

After  debate  by  Messrs.  Earle,  of  Worcester,  and  Oliver,  of  Law 
rence,  Mr.  Earle  withdrew  his  motion. 

The  question  then  recurring  upon  the  amendment  of  Mr.  Brinley, 
it  was  withdrawn  by  the  mover. 

Mr.  Cressy,  of  Hamilton,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again  ;  but  the  motion  was  rejected. 

The  question  was  then  taken  on  agreeing^  to  the  Resolves,  as 
amended,  and  decided  in  the  affirmative. 

On  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolves  ought  to  pass,  with  an  amendment. 

And  the  Committee  accordingly  rose. 

Afterwards,  Mr.  GILES,  of  Boston,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  series  of  Resolves  reported  from  the  Committee  on 
the  Qualifications  of  Voters,  to  whom  was  recommitted  the  third  Re 
solve  of  that  Committee,  reported  on  the  19th  of  May,  together  with 
an  amendment  prepared  thereto. 

The  pending  question  being  upon  the  motion  of  Mr.  Stevens,  of 
Clinton,  to  amend  the  first  Resolution,  by  striking  out  all  after  the 
word  "  seas,"  in  the  fifth  line. 

After  debate  by  Messrs.  Duncan,  of  Williamstown,  Walker,  of 
North  Brookfield,  Sargent,  of  Cambridge,  and  Morton,  of  Taunton, 

On  motion  of  Mr.  Bird,  of  Walpole,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


1853.]  COMMITTEE    OF    THE    WHOLE.  481 


Afterwards,  Mr.  GILES,  of  Boston,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  its  last  session — the  Report  of  the  Committee,  on  the  Qualifica 
tions  of  Voters;  the  pending  question  being  on  the  amendment  of 
Mr.  Stevens,  of  Clinton. 

The  question  was  debated  by  Messrs.  Sumner,  member  for  Otis, 
Chapin,  of  Worcester,  Bishop,  of  Lenox,  Sargent,  of  Cambridge, 
Parker,  of  Cambridge,  Morton,  of  Taunton,  Huntington,  of  Salern, 
and  Wood,  of  Fitchburg. 

Mr.  WTilkinson,  of  Dedham,  moved  to  amend  the  amendment,  by 
adding  to  the  words  proposed  to  be  stricken  out,  the  following :  "  or 
while  engaged  in  any  other  temporary  business  or  employment." 

After  debate  by  Messrs.  Walker,  of  North  Brookfield,  Stevens,  of 
Clinton,  Parker,  of  Cambridge,  Huntington,  of  Northampton,  Hunt 
ington,  of  Salem,  Dana,  member  for  Manchester,  Wilson,  of  Natick, 
Wilkinson,  of  Dedham,  and  Duncan,  of  Williamstown,  the  question 
was  taken,  and  the  motion  was  adopted. 

The  question  then  recurring  upon  the  amendment  of  Mr.  Stevens, 
as  amended,  it  was  rejected. 

The  question  was  then  taken  upon  the  Resolves,  as  amended,  when 
it  was  found  that  a  quorum  was  not  present. 

On  motion  of  Mr.  Crowninshield,  of  Boston,  it  was  then 

Voted,  That  the  Committee  rise,  and  report  that  a  quorum  was 
not  present. 

And  the  Committee  accordingly  rose. 


WEDNESDAY,  July  6,  1853. 

Mr.  WOOD,  of  Fitchburg,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  following  Resolve,  from  the  Committee  on  the  Encourage 
ment  of  Literature: — 

Resolved,  That  the  legislature  shall,  as  soon  as  may  be,  provide  for 

the  enlargement  of  the  School  Fund  of  this  Commonwealth,  until  it 

shall  amount,  at  least,  to  the  sum  of  two  millions  of  dollars;  and  the 

said  fund  shall  be  preserved  inviolate,  and  the  income  thereof  shall  be 

31 


482  COMMITTEE    OF    THE    WHOLE.  [July  6th, 

annually  appropriated  for  the  aid  and  improvement  of  the  common 
schools  of  the  State,  and  for  no  other  purpose. 

The  Resolve  was  agreed  to,  without  debate. 
And,  on  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  OLIVER,  of  Lawrence,  in  the  chair. 
The    Committee   proceeded   to   consider    the   following    Resolve, 
reported  from  the  Committee  on  the  Encouragement  of  Literature : — 

Resolved,  That  it  is  expedient  to  amend  the  second  section  of  the 
fifth  chapter  of  the  Constitution,  by  striking  out  therefrom  the  words 
"  "University  at  Cambridge." 

After  debate  by  Messrs.  Walker,  of   North  Brookfield,  Wood,  of 
Fitchburg,  Wilson,  of  Natick,  and  Earle,  of  Worcester, 
The  Resolve  was  agreed  to. 
When,  on  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  GRISWOLD,  member  for  Erving.  in  the  chair. 

The  Committee  proceeded  to  consider  a  series  of  Resolves,  reported 
from  the  Committee  on  Amendments  and  Enrolment  (printed  Docu 
ment  No.  75.) 

The  Committee  was  addressed  by  Messrs.  Nayson,  of  Amesbury, 
and  Boutwell,  member  for  Berlin. 

Mr.  Walker,  of  North  Brookfield,  moved  to  amend  the  first  Resolve, 
by  striking  out  the  words  "seventy-three,"  in  the  third  line,  (printed 
copy,)  and  inserting,  instead  thereof,  the  words  "sixty-five." 

After  debate  by  Messrs.  Bates,  of  Plymouth,  and  Nayson,  of  Ames- 
bury, 

The  motion  was  rejected. 

After  further  debate  by  Messrs.  Bird,  of  Walpole,  Nayson,  of 
Amesbury,  and  Boutwell,  member  for  Berlin, 


1853.]  COMMITTEE    OF    THE    WHOLE.  483 

Mr.  Hale,  of  Bridgewater,  moved  to  amend  the  Resolves,  by  strik 
ing  out  the  second  Resolve. 

Debate  followed  between  Messrs.  Nayson,  of  Amesbury,  Hale,  of 
Bridgewater,  Boutwell,  member  for  Berlin,  Bartlett,  of  Boston,  Cole, 
of  Cheshire,  and  Simmons  of  Hanover. 

When,  on  motion  of  Mr.  Thompson,  of  Charlestown,  it  was 


Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
again. 

And  the  Committee  accordingly  rose. 


sit  again. 


FRIDAY,  July  8,  1853. 

Mr.  BOUTWELL,  member  for  Berlin,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Report  of  the  Special  Committee,  to  whom  was 
referred  the  Order  of  May  llth,  concerning  the  Loan  of  the  State 
Credit,  and  the  several  Orders  of  17th,  18th  and  19th  of  May. 

Mr.  Stetson,  of  Braintree,  moved  to  amend  the  Report  by  substi 
tuting  therefor  the  following: — 

Resolved,  That  the  Constitution  be  so  amended,  that  hereafter  the 
State  shall  not  loan  its  credit  to  any  corporation,  association  or  indi 
viduals,  unless  the  question  shall  first  be  submitted  to  the  people,  and 
a  decided  majority  voting  thereon,  shall  sanction  the  act. 

A  question  of  order  being  raised  by  Mr.  Alvord,  member  for  Mon 
tague,  the  Chairman  decided  the  amendment  not  in  order,  the  Com 
mittee  having  rejected  a  similar  amendment  at  a  former  session. 

Mr.  Stetson  moved  to  reconsider  the  vote  by  which  the  former 
amendment  was  rejected  ; 

But  the  Chairman  decided  that  the  time  had  passed  within  which 
the  vote  could  be  reconsidered. 

Mr.  Stetson  then  addressed  the  Committee. 

Mr.  Morton,  of  Taunton,  moved  to  amend  by  striking  out  the  four 
last  lines  of  the  Report,  and  inserting  the  following : — 

That  it  is  expedient,  so  to  amend  the  Constitution,  as  to  provide 
that— 

1st.  The  legislature  shall  not  have  power,  directly  or  indirectly,  to 
grant  or  loan  the  credit  of  the  State,  or  create  any  liability  on  behalf 


484  COMMITTEE    OF    THE    WHOLE.  [July  9th, 

of  the  State,  in  aid  of  any  individual,  corporation  or  association.  But 
the  legislature  may  submit  to  the  people  any  such  loan  or  grant, 
which,  if  adopted  by  a  majority  of  all  the  legal  voters  voting  thereon, 
shall  authorize  the  same. 

2d.  The  legislature  shall  not,  in  any  manner,  create  any  debt  or 
debts,  which  shall,  singly  or  in  the  aggregate  with  any  previous  debt, 
exceed  the  sum  of  one  million  of  dollars,  except  to  repel  invasion  or 
suppress  insurrection. 

Mr.  Alvord,  member  for  Montague,  inquired  whether  this  amend 
ment  was  not  identical  with  the  one  offered  by  the  gentleman  from 
Braintree,  and  therefore  out  of  order? 

The  Chairman  decided  the  motion  to  be  in  order. 

After  debate  by  Messrs.  Alvord,  member  for  Montague,  Durgin,  of 
Wilmington,  Cole,  of  Cheshire,  Dawes,  of  Adams,  and  Hopkinson,  of 
Boston, 

On  motion  of  Mr.  Beach,  of  Springfield,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


SATURDAY,  July  9,  1853. 

Mr.  ASPINWALL,  of  Brookline,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  Report  from  the  Committee  on  the  Qualificalions  of  Voters, 
(printed  Document  No.  105.) 

After  remarks  by  Mr.  "Walker,  of  North  Brookfield, 

On  motion  of  Mr.  Whitney,  of  Conway,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Report  of  the  Standing  Committee  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  BOUTWELL,  member  for  Berlin,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  unfinished  business  of  July  the  8th,  being  the  subject 
of  Loaning  the  State  Credit  to  any  individuals  or  corporations,  th^ 


1853.]  COMMITTEE    OF    THE    WHOLE.  485 

pending  question  being  upon  the  amendment  moved  by  Mr.  Morton, 
of  Taunton. 

After  debate  by  Messrs.  Hopkinson,  of  Boston,  and  Sumner,  mem 
ber  for  Otis, 

Mr.  Morton  modified  the  second  Resolve  of  his  amendment  by 
inserting,  after  the  word  "not,"  in  the  first  line,  the  word  "hereafter." 

Mr.  Buck,  of  Lanesborough,  called  for  a  division.  The  question 
was  first  taken  upon  the  first  Resolve, 

And  it  was  rejected. 

The  second  Resolve  was  also  rejected. 

The  question  then  recurring  upon  the  acceptance  of  the  Report  of 
the  Committee, 

It  was  accepted,  by  a  vote  of  one  hundred  and  fifty-three  in  the 
affirmative,  and  sixty  in  the  negative. 

On  motion  of  Mr.  Cushman,  of  Bernardston,  it  was  then 

Voted,  That  the  Committee  rise,  and  report  that  the  Report  of  the 
Special  Committee  ought  to  be  accepted. 

And  the  Committee  accordingly  rose. 


MONDAY,  July  11,  1853. 

Mr.  HALLETT,  member  for  Wilbraham,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  a  series  of  Resolves,  reported  from  the  Standing  Committee  on 
the  Judiciary,  (printed  Document  No.  28.) 

Mr.  Morton,  of  Taunton,  and  Mr.  French,  of  Berkley,  addressed 
the  Committee. 

Mr.  Warner,  of  Wrentham,  moved  to  amend,  by  striking  out  the 
first  Resolve ;  but  afterwards  withdrew  the  motion. 

The  debate  was  continued  by  Messrs.  Hooper,  of  Fall  River,  Lord, 
of  Salem,  and  Gray,  of  Boston. 

Mr.  Earle,  of  Worcester,  moved  to  amend  the  first  Resolve,  by 
striking  out  the  words  "substituting  for,"  in  the  second  line,  and  in 
serting  the  words  "striking  out;"  also,  by  striking  out  all  after  the 
word  "chapter,"  in  the  same  line,  and  inserting  the  word  "thereof." 

The  subject  was  debated  by  Messrs.  Frothingham,  of  Charlestown, 
Sumner,  member  for  Otis,  and  Briggs,  of  Pittsfield, 


486  COMMITTEE    OF    THE    WHOLE.  [July  llth, 

When  Mr.  Davis,  of  Worcester,  moved  to  amend  the  first  Resolve, 
by  striking  out  all  after  the  word  "following,"  in  the  third  line, 
(printed  copy,)  and  inserting  the  following: — 

Each  branch  of  the  legislature,  as  well  as  the  governor  and  coun 
cil,  shall  have  authority  to  require  the  opinion  of  the  attorney-general 
upon  important  questions  of  law,  and  upon  solemn  occasions. 

But  the  Chairman  decided  the  motion  not  in  order. 

After  further  debate,  by  Messrs.  Earle,  of  Worcester,  Butler,  of 
Lowell,  Hooper,  of  Fall  River,  Morton,  of  Taunton,  Hathaway,  of 
Freetown,  and  Warner,  of  Wrenlham, 

Mr.  Earle  withdrew  his  amendment. 

Mr.  Morton,  of  Taunton,  moved  to  amend  the  first  Resolve,  by  in 
serting,  after  the  word  "and,"  in  the  fourth  line,  (printed  copy,)  the 
word  "council;"  also,  by  striking  out  the  word  "respectively,"  in  the 
fifth  line,  and  inserting  the  words  "or  either  of  them." 

After  remarks  by  Mr.  Gardner,  of  Seekonk, 

The  motion  was  adopted. 

The  question  then  recurring  upon  the  first  Resolve,  as  amended, 

It  was  adopted. 

Mr.  Gardner  then  moved  to  amend  the  second  Resolve,  by  inserting, 
after  the  word  "receive,"  in  the  sixth  line,  (printed  copy,)  the  words 
"ample  and ;" 

But  the  motion  was  rejected. 

The  question  then  recurred  upon  the  second  Resolve. 

After  remarks  by  Mr.  Morton  of  Taunton, 

The  Resolve  was  adopted. 

The  third  Resolve  was  then  adopted,  without  debate. 

Mr.  Wilson,  of  Natick,  then  moved  to  amend  the  fourth  Resolve, 
by  striking  out  all  after  the  word  "Resolved,"  and  inserting  the  fol 
lowing  (printed  Document  No.  Go)  : — 

Resolved,  That  it  is  proper  and  expedient  so  to  amend  the  Consti 
tution,  as  to  provide  that  the  justices  of  the  supreme  judicial  court 
shall  be  appointed  for  the  term  of  ten  years,  and  the  justices  of  such 
inferior  courts  as  are  or  may  be  established  by  law,  for  the  term  of 
seven  years;  said  justices  to  be  eligible  to  reappointmerit,  but  in  no 
case  to  continue  in  office  after  attaining  seventy  years  of  age. 

Mr.  Wood,  of  Middleborough,  moved  to  amend  the  amendment, 
by  striking  out  the  word  "appointed,"  in  the  third  line,  (printed  copy,) 
and  inserting  the  following  words:  "chosen  by  the  qualified  voters  of 
the  Commonwealth." 


1853.]  COMMITTEE    OF    THE    WHOLE.  487 

Also  by  striking  out  the  word  "  reappointment,"  in  the  sixth  line, 
and  inserting  the  word  reelection." 

After  debate  by  Messrs.  Wood,  of  Middleborough,  and  Hooper,  of 
Fall  River, 

Mr.  Bird,  of  Walpole,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again ;  but  the  motion  was  rejected. 

Afterwards,  on  motion  of  Mr.  Dana,  member  for  Manchester,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  HALLETT,  member  for  Wilbraham,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  the  last  session — the  Resolves  reported  from  the  Committee 
on  the  Judiciary,  the  pending  question  being  upon  the  amendment  of 
Mr.  Wood,  of  Middleborough,  to  the  amendment  of  Mr.  Wilson,  of 
Natick. 

The  question  being  taken  upon  the  pending  amendment,  it  was 
rejected,  by  a  vote  of  seventy-five  in  the  affirmative,  to  one  hundred 
and  two  in  the  negative. 

The  question  then  recurring  upon  the  amendment  of  Mr.  Wilson, 

Mr.  Bradford,  of  Essex,  moved  to  amend  the  same  by  striking  out 
the  word  "  eligible,"  and  inserting  instead  thereof,  the  word  "  ineligi 
ble  ;"  but  the  motion  was  rejected. 

Mr.  Kingman,  of  West  Bridgewater,  moved  to  amend  the  amend 
ment,  by  substituting  the  word  "  seven  "  for  the  word  "  ten,"  also  by 
substituting  the  word  "  five  "  for  the  word  "  seven." 

After  debate  by  Messrs.  Wilson,  of  Natick,  Kingman,  of  West 
Bridgewater,  and  Keyes,  member  for  Abington, 

Mr.  Kingman  modified  his  amendment,  by  withdrawing  the  last 
clause,  to  strike  out  the  word  "  seven  "  and  insert  the  word  "  five." 

The  question  then  being  taken  upon  the  amendment,  it  was  re 
jected. 

Mr.  Dana,  member  for  Manchester,  moved  that  the  Committee  rise, 
report  progress,  and  ask  leave  to  sit  again. 

After  debate  by  Messrs.  Dana,  member  for  Manchester,  and  Keyes, 
member  for  Abington,  the  motion  was  rejected. 

The  question  then  recurred  upon  the  adoption  of  Mr.  Wilson's 
amendment,  and  being  taken,  it  was  decided  in  the  affirmative. 


488  COMMITTEE    OF    THE    WHOLE.  [July  12th, 

When,  on  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That   the    Committee  rise,   and  report  to  the   Convention 
that  the  Resolves  ought  to  pass,  with  the  amendments. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  GRISWOLD,  member  for  Erving,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Resolves  reported  from  the  Committee  on  Amend 
ments  and  Enrolment,  concerning  Constitutional  Conventions  ;  the 
pending  question  being  upon  the  motion  of  Mr.  Hale,  of  Bridge- 
water,  to  strike  out  the  second  Resolve. 

After  remarks  by  Mr.  Hale, 

Mr.  Nayson,  of  Amesbury,  moved  to  amend  the  second  Resolve, 
by  adding  thereto  the  following  words  : — 

The  said  delegates  to  be  chosen  in  the  same  manner  and  propor 
tion  as  the  representatives  in  the  general  court  are,  by  this  Constitu 
tion,  to  be  chosen. 

The  question  being  taken,  the  amendment  was  adopted. 

The  question  then  recurred  upon  the  motion  of  Mr.  Hale. 

After  debate  by  Messrs.  Wheeler,  of  Lincoln,  Wilson,  of  Natick, 
Nayson,  of  Amesbury,  Hallett,  member  for  Wilbraham,  Hale,  of 
Bridgewater,  Whitney,  of  Conway,  and  Giles,  of  Boston, 

On  motion  of  Mr.  Hale,  of  Bridgewater,  it  was 

Voted)  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


TUESDAY,  July  12,  1853. 

Mr.  BUTLER,  of  Lowell,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  Report  from  the  Committee  on  the  Qualifications  of  Voters, 
to  whom  was  referred  the  petitions  of  Francis  Jackson  and  others,  that 
the  word  male  may  be  stricken  from  the  Constitution,  and  also  of 
Abby  B.  Alcott  and  other  women  of  Massachusetts,  that  they  may  be 


1853.]  COMMITTEE   OF    THE   WHOLE.  489 

allowed  to  vote  on  amendments  that  may  be  made  to  the  Constitu 
tion,  (printed  Document  No.  97.) 

After  debate  by  Messrs.  Walker,  of  North  Brookfield,  Greene,  of 
Brookfield,  and  Keyes,  member  for  Abington, 

Mr.  Cressy,  of  Hamilton,  moved  that  the  Committee  rise  and  re 
port  to  the  Convention  that  the  Report  of  the  Standing  Committee 
ought  to  pass. 

Pending  this  motion,  Mr.  Whitney,  of  Boylston,  moved  to  amend 
the  Report,  by  striking  out  all  after  the  word  "  that,"  in  the  first  line, 
and  inserting  instead  thereof,  the  following  :  "  the  prayer  of  the  pe 
titioners  ought  to  be  granted." 

On  motion  of  Mr.  Marvin,  of  Winchendon,  it  was  then 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


WEDNESDAY,  July  13,  1853. 

Mr.  BUTLER,  of  Lowell,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  unfinished  business  of  the  last  session — the  Report 
from  the  Committee  on  the  Qualifications  of  Voters,  on  the  petitions 
of  Francis  Jackson  and  others,  that  the  word  "  male  "  may  be  stricken 
out ;  and  also  of  Abby  B.  Alcott  and  other  women  of  Massachusetts, 
that  they  may  be  allowed  to  vote  on  the  amendments  that  may  be 
made  to  the  Constitution,  the  pending  question  being  upon  the 
amendment  of  Mr.  Whitney,  of  Boylston. 

Mr.  Marvin,  of  Winchendon,  moved  to  amend  the  Report,  by  strik 
ing  out  all  after  the  word  "  withdraw,"  in  the  first  line. 

But  the  Chairman  decided  the  motion  not  in  order. 

After  remarks  by  Messrs.  Kingman,  of  West  Bridgewater,  and 
Marvin,  of  Winchendon, 

The  question  was  taken  upon  the  amendment  of  Mr.  Whitney,  and 
it  was  rejected. 

Mr.  Marvin,  of  Winchendon,  then  moved  to  amend  the  Report,  by 
striking  out  all  after  the  word  "  That,"  in  the  first  line,  as  far  as,  and 
including  the  word  "  and,"  in  the  last  line  but  one. 

The   question   being  taken,  the   amendment  was  adopted,  by  a 

32 

* 


490  COMMITTEE    OF    THE    WHOLE.  [July  14th, 

vote  of  one  hundred  and  eight  in  the  affirmative,  and  forty-four  in  the 
negative. 

On  motion  of  Mr.  Bates,  of  Plymouth,  it  was  then 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Report  of  the  Standing  Committee  ought  to  pass,  with  the  amend 
ment. 

And  the  Committee  accordingly  rose. 


THURSDAY,  July  14,  1853. 

Mr.  GILES,  of  Boston,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  following  Resolve,  submitted  by  Mr.  Cole,  of  Cheshire: — 

Resolved,  That  the  Constitution  be  so  amended,  that  a  majority  of 
the  members  of  the  House  of  Representatives  shall  be  necessary  to 
constitute  a  Quorum. 

Mr.  Griswold,  member  for  Erving,  addressed  the  Committee. 

Mr.  Butler,  of  Lowell,  moved  that  the  Committee  rise,  and  report 
to  the  Convention  the  Resolve,  with  a  recommendation  that  it  be  re 
ferred  to  the  Committee  on  the  House  of  Representatives. 

Mr.  Hallett,  member  for  Wilbraham,  moved  to  amend  the  Resolve, 
by  striking  out  the  words  "  a  majority,"  and  inserting  the  words  "  one 
hundred." 

After  debate  by  Messrs.  Griswold,  member  for  Erving,  Butler,  of 
Lowell,  Schouler,  of  Boston,  Briggs,  of  Pittsfield,  Whitney,  of  Con- 
way,  Cole,  of  Cheshire,  and  Hallett,  member  for  Wilbraham, 

The  amendment  was  adopted,  by  a  vote  of  sixty-three  in  the  affirm* 
ative,  and  fifty-five  in  the  negative. 

When,  on  motion  of  Mr.  Hallett,  it  was 

Voted,  That  the  Committee  rise  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass,  with  the  amendment* 

And  the  Committee  accordingly  rose* 


1853.]  COMMITTEE    OF    THE   WHOLE.  491 

FEIDAY,  July  15,  1853. 

Mr.  MORTON,  of  Taunton,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  a  Resolve  (printed  Document  No.  72)  reported  from  the  Com 
mittee  on  the  University  at  Cambridge. 

After  debate  by  Messrs.  Knowlton,  of  Worcester,  and  Braman,  of 
Danvers, 

Mr.  Hooper,  of  Fall  River,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 

The  motion  was  agreed  to,  by  a  vote  of  one  hundred  and  six  in  the 
affirmative,  and  eighty-six  in  the  negative. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  SUMNER,  member  for  Marshfield,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  the  last  session — the  Resolve  relating  to  the  University  at 
Cambridge. 

After  debate  by  Messrs.  Braman,  of  Danvers,  Wilson,  of  Natick, 
Bout  well,  member  for  Berlin,  Briggs,  of  Pittsfield,  Parker,  of  Cam 
bridge,  and  French,  of  New  Bedford, 

The  Resolve  was  agreed  to  by  a  vote  of  one  hundred  and  twenty- 
five  in  the  affirmative,  and  thirty-one  in  the  negative. 

When,  on  motion  of  Mr.  Boutwell,  member  for  Berlin,  it  was 

Voted,  That  the  Committee  rise,  and  report  that  the  Resolve  ought 
to  pass. 

And  the  Committee  accordingly  rose. 


MONDAY,  July  18,  1853. 

Mr.  HILLARD,  of  Boston,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  a  series  of  Resolves  concerning  Elections  by  Plurality,  reported 
from  the  Special  Committee  "to  whom  was  referred  the  several 
Orders  of  the  Convention  concerning  the  rules  by  which  the  number 
of  votes  necessary  to  the  election  of  the  various  officers  of  the  Com 
monwealth  may  be  ascertained ;  and  also  a  Report  of  a  committee  of 
the  Convention  upon  the  same  subject,"  (printed  Document  No.  77.) 


492  COMMITTEE    OF   THE   WHOLE.  [July  18th, 

Mr.  Butler,  of  Lowell,  moved  to  amend  the  first  Resolve,  by  adding 
thereto  the  words,  "  or  other  officer  to  be  thus  elected." 

After  remarks  by  Mr.  Wheeler,  of  Lincoln, 

The  motion  was  adopted. 

On  motion  of  Mr.  Butler,  of  Lowell,  the  word  "which,"  in  the 
tenth  line  of  the  first  Resolve,  (printed  copy,)  was  stricken  out,  and 
the  word  "whom"  was  inserted  in  its  place. 

After  debate  by  Messrs.  Butler,  of  Lowell,  Wheeler,  of  Lincoln, 
and  Stevenson,  of  Boston, 

Mr.  Davis,  of  Plymouth,  moved  to  amend  the  third  Resolve,  by 
striking  out  all  after  the  word  "election,"  in  the  third  line. 

Debate  followed  between  Messrs.  Davis,  of  Plymouth,  Edwards,  of 
Southampton,  and  Frothingham,  of  Charlestown. 

Mr.  Schouler,  of  Boston,  moved  to  amend  the  first  Resolve,  by 
striking  out  all  after  the  word  "  Resolved,"  and  inserting  the  following: 

That  it  is  expedient  to  provide  in  the  Constitution,  that  in  the 
election  of  a  governor,  lieutenant-governor,  secretary,  treasurer,  audi 
tor,  and  attorney-general  of  the  Commonwealth,  the  person  having 
the  highest  number  of  votes  shall  be  deemed  and  taken  to  be 
elected. 

After  debate  by  Messrs.  Schouler,  of  Boston,    Hallett,  member  for 
Wilbraham,  Foster,  of  Charlemont,  and  Stetson,  of  Braintree, 
On  motion  of  Mr.  Cressy,  of  Hamilton,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  HILLARD,  of  Boston,  in  the  chair. 

The  Committee  resumed  the  consideration  of  the  unfinished  busi 
ness  of  the  last  session — the  Resolves  concerning  Elections  by  Plu 
rality. 

The  Chairman  stated  the  pending  question  to  be  upon  the  amend 
ment  offered  by  Mr.  Davis,  of  Plymouth. 

After  debate  by  Messrs.  Ladd,  of  Cambridge,  Morey,  of  Boston, 
Griswold,  member  for  Erving,  Gooch,  of  Melrose,  and  Butler,  of 
Lowell, 

The  question  was  taken,  and  the  amendment  was  rejected,  by  a 
vote  of  seventy  in  the  affirmative,  and  one  hundred  and  sixty-four  in 
the  negative. 


1853.]  COMMITTEE    OF   THE   WHOLE.  493 

Mr.  Ladd,  of  Cambridge,  then  moved  to  amend  the  third  Resolve, 
by  striking  out  all  after  the  word  "Resolved,"  and  inserting  the 
following : — 

That  in  all  elections  of  representatives  to  the  general  court,  the 
person  having  the  highest  number  of  votes  shall  be  elected. 

But  the  amendment  was  rejected,  without  debate,  by  a  vote  of 
eighty-two  in  the  affirmative,  and  one  hundred  and  sixty-three  in  the 
negative. 

The  question  then  recurred  upon  the  amendment  to  the  first 
Resolve,  moved  by  Mr.  Schouler,  of  Boston,  at  the  last  session. 

Mr.  Hubbard,  of  Boston,  moved  to  amend  the  amendment  by  in 
serting,  after  the  word  "lieutenant-governor,"  the  word  "councillors," 
and  the  amendment  was  accepted  by  Mr.  Schouler. 

The  question  then  being  taken  upon  the  amendment,  as  modified, 
it  was  rejected,  by  a  vote  of  eighty-five  in  the  affirmative,  and  one 
hundred  and  fifty-six  in  the  negative. 

Mr.  Hathaway,  of  Freetown,  moved  to  amend  the  third  Resolve, 
by  striking  out  all  after  the  word  "Resolved,"  and  inserting  the 
following : — 

That  representatives  to  the  general  court,  and  all  county,  district, 
city,  and  town  officers,  shall  be  elected,  as  by  law  shall  be  provided. 

But  the  amendment  was  rejected. 

Mr.  Gardner,  of  Seekonk,  moved  to  reconsider  the  vote  by  which 
the  amendment  offered  by  Mr.  Davis,  of  Plymouth,  was  rejected. 
After  remarks  by  Mr.  Denton,  of  Chelsea,  the  motion  was  rejected. 
When,  on  motion  of  Mr.  Adams,  of  Lowell,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention,  that 
the  Resolves  ought  to  pass,  with  the  amendments. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  WOOD,  of  Fitchburg,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  Resolves  (printed  Document  No.  75)  reported  from 
the  Committee  on  Amendments  and  Enrolment ;  the  pending  ques 
tion  being  the  motion  of  Mr.  Hale,  of  Bridgewater,  to  strike  out  the 
second  Resolve. 

Mr.  Hallett,  member  for  Wilbraham,  moved  to  amend  the  Resolves 


494  COMMITTEE    OF    THE    WHOLE.  [July  18th, 

by  striking  out  all  after  the  word  "  Resolved,"  and  inserting  instead 
thereof  the  following,  to  wit :  what  is  printed  as  Document  No.  117. 

But  the  Chairman  decided  the  motion  not  in  order. 

Mr.  Hale,  of  Bridgewater,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 

After  debate  by  Messrs.  Hallett,  member  for  Wilbraham,  and  Hale, 
of  Bridgewater, 

The  motion  was  rejected  by  a  vote  of  twenty-eight  in  the  affirma 
tive,  and  seventy-six  in  the  negative. 

The  question  then  recurred  upon  the  amendment  of  Mr.  Hale,  and 

It  was  adopted. 

Mr.  Hallett,  member  for  Wilbraham,  then  renewed  his  motion  to 
amend  the  Resolves,  by  striking  out  all  after  the  word  "  Resolved," 
and  inserting  the  following: — 

That  it  is  expedient  to  provide  in  the  Constitution,  that  a  Con 
vention  to  revise  or  amend  this  Constitution,  may  be  called  and  held 
in  the  following  manner :  At  the  general  election  which  shall  be  in 
the  year  eighteen  hundred  and  seventy-three,  and  in  each  twentieth 
year  thereafter,  the  qualified  voters  in  State  election  shall  give  in  their 
votes,  to  be  received,  counted,  returned  and  declared,  in  the  same 
manner  as  by  law  is  provided  in  the  choice  of  general  officers  at  such 
election,  upon  the  question,  "  Shall  there  be  a  Convention  to  revise  the 
Constitution,  in  conformity  to  the  provisions  of  the  Act  of  eighteen 
hundred  and  fifty-two,  chapter  one  hundred  and  eighty-eight,  relating 
to  the  calling  a  Convention  of  Delegates  of  the  people  for  the  purpose 
of  revising  the  Constitution?"  and  if  it  shall  appear,  by  the  returns 
made,  that  a  majority  of  the  qualified  voters  throughout  the  State, 
who  shall  assemble  and  vote  thereon,  are  in  favor  of  such  revision,  the 
same  shall  be  deemed  and  taken  to  be  the  will  of  the  people  of  the 
Commonwealth  that  a  Convention  should  meet  accordingly;  and 
thereupon  delegates  shall  be  chosen  on  the  first  Monday  of  March 
next  succeeding,  and  such  delegates  shall  meet  in  Convention,  in  the 
State  House,  on  the  first  Wednesday  of  May  succeeding,  in  the  same 
manner,  and  with  the  same  authority,  as  is  provided  in  the  second, 
third  and  fourth  sections  of  said  act. 

The  general  court  shall  have  power  and  authority  in  any  year  other 
than  the  year  above  specified,  to  submit  to  the  people  the  same  prop 
osition,  to  be  voted  on  in  the  same  manner,  at  the  next  ensuing  gen 
eral  election ;  and  if  it  shall  appear  by  the  returns  made,  that  a 
majority  of  the  qualified  voters  throughout  the  State,  who  shall 
assemble  and  vote  thereon,  are  in  favor  of  such  revision,  the  same 
shall  be  deemed  and  taken  to  be  the  will  of  the  people  of  the  Com- 


1853.]  COMMITTEE    OF    THE    WHOLE.  495 

monwealth  that  a  Convention  should  meet  accordingly ;  and  there 
upon  the  same  proceedings,  with  the  same  powers  and  authority,  shall 
be  had,  as  is  provided  in  the  foregoing  clause  of  this  Constitution. 

The  foregoing  provisions  shall  in  no  wise  restrain  or  impair  the 
reserved  right  of  the  people,  in  their  sovereign  capacity,  at  all  times 
to  reform,  alter,  or  totally  change  their  Constitution  and  Frame  of 
Government. 

Mr.  Hallett  addressed  the  Committee  upon  his  motion. 

Mr.  Giles,  of  Boston,  gave  notice  of  an  amendment  he  should  offer, 
when  in  order. 

After  remarks  by  Messrs.  Giles,  of  Boston,  and  Churchill,  of  Milton, 

Mr.  Churchill  moved  that  the  whole  subject  be  indefinitely  post 
poned  ; 

But  the  Chairman  decided  the  motion  not  in  order. 

Mr.  Wilson  addressed  the  Committee, 

When,  on  motion  of  Mr.  Breed,  of  Lynn,  it  was 

Voted,  That  the  Committee  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose. 


FRIDAY,  July  22,  1853. 

Mr.  GRISWOLD,  member  for  Erving,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  unfinished  business  of  the  session  of  July  18th — the 
Resolves  (printed  Document  No.  75)  concerning  Constitutional  Con 
ventions,  reported  from  the  Committee  on  Amendments  and  Enrol 
ment,  the  pending  question  being  on  the  amendment  moved  by  Mr. 
Hallett,  member  for  Wilbraham. 

The  Committee  was  addressed  by  Messrs.  Hallett,  member  for 
Wilbraham,  and  Burlingame,  member  for  Northborough. 

Mr.  Hale,  of  Bridgewater,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again ; 

But  the  motion  was  rejected. 

Mr.  Hale  of  Bridgewater,  then  moved  to  amend  the  third  Resolve, 
reported  by  the  Committee,  by  striking  out,  in  the  seventh  line, 
(printed  copy,)  the  following  words,  "representatives  elected,"  and 


496  COMMITTEE    OF   THE   WHOLE.  [July  22d, 

inserting  the  following :  "  two-thirds  of  the  whole  number  of  repre 
sentatives  elected;"  and  also,  by  inserting,  after  the  word  "and,"  in 
the  twelfth  line,  the  words  "  two-thirds  of." 

After  remarks  by  Mr.  Briggs,  of  Pittsfield,  the  motion  was  rejected. 

Mr.  Hallett  modified  his  amendment  (printed  Document  No.  117) 
by  inserting,  after  the  word  "succeeding,"  in  the  nineteenth  line, 
(printed  copy,)  the  following  words:  "in  conformity  with  the  law 
then  in  force  for  the  election  of  representatives." 

Mr.  Simmons,  of  Hanover,  moved  to  amend  the  amendment,  by 
adding  thereto  the  following : — 

It  shall  be  the  duty  of  all  magistrates  and  persons  in  authority,  to 
verify  and  recognize  the  proceedings  of  all  meetings  of  the  people 
holden  for  that  purpose,  to  the  end  that  the  will  of  the  majority  may 
be  ascertained  and  obeyed  by  the  constituted  authorities. 

But  the  motion  was  rejected. 

The  question  then  recurring  upon  the  amendment  of  Mr.  Hallett, 

Mr.  Upton,  of  Boston,  moved  to  amend  the  amendment,  by  striking 
out  the  words  "  seventy-three,"  in  the  fifth  line,  (printed  copy,)  and 
inserting,  instead  thereof,  the  words  "fifty-eight;"  also,  by  striking 
out  the  word  "twentieth,"  in  the  same  line,  and  inserting  instead 
thereof  the  word  "  fifth." 

The  question  being  taken  upon  this  amendment, 

It  was  rejected. 

Mr.  Sargent,  of  Cambridge,  moved  to  amend  the  amendment,  by 
striking  out,  in  the  fifth  line,  (printed  copy,)  the  words  "  seventy-three, 
and  in  each  twentieth,"  and  inserting,  instead  thereof,  the  following: 
"  sixty,  and  in  each  tenth  ; " 

But  the  motion  was  rejected  by  a  vote  of  forty-eight  in  the  affirm 
ative,  and  one  hundred  and  seventy-eight  in  the  negative. 

Mr.  Cole,  of  Cheshire,  moved  further  to  amend  the  amendment  by 
striking  out,  after  the  word  "  Constitution,"  in  the  tenth  line,  (printed 
copy,)  the  following  words :  "  in  conformity  to  the  provisions  of  the 
Act  of  eighteen  hundred  and  fifty-two,  chapter  one  hundred  and 
eighty-eight,  relating  to  the  calling  a  Convention  of  Delegates  of  the 
people  for  the  purpose  of  revising  the  Constitution." 

The  question  being  taken  upon  the  amendment, 

It  was  rejected. 

Mr.  Hale,  of  Bridgewater,  then  moved  to  amend  the  amendment, 
by  striking  out  the  last  paragraph  thereof,  and  inserting  the  following: 

And  the  right  of  the  people,  at  all  times,  to  amend  their  Consti 
tution  of  Government,  by  Convention,  or  otherwise,  according  to  their 


1853.]  COMMITTEE    OF    THE    WHOLE.  497 

will,  legally  expressed,  shall  never  be  restrained  or  obstructed  in  this 
Commonwealth. 

After  remarks  by  Mr.  Parker,  of  Cambridge, 

The  amendment  was  rejected. 

The  question  then  recurred  upon  the  amendment  moved  by  Mr. 
Hallett. 

The  question  being  taken,  the  amendment  was  agreed  to,  by  a  vote 
of  one  hundred  and  fifty-nine  in  the  affirmative,  and  one  hundred  and 
one  in  the  negative. 

When,  on  motion  of  Mr.  Butler,  of  Lowell,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolves  ought  to  pass,  with  the  amendments. 

And  the  Committee  accordingly  rose. 


SATURDAY,  July  23,  1853. 

Mr.  BUTLER,  of  Lowell,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  following  Resolve,  reported  from  a  special  committee : — 

Resolved,  That  it  is  expedient  to  insert  into  the  -  Constitution, 
articles  providing — 

1.  That  the  legislature  shall  have  no  power  to  pass  any  act,  grant 
ing  any  special  charter  for  banking  purposes,  or  any  special  act  to  in 
crease  the  capital  stock  of  any  charter  bank  ;  but  corporations  may  be 
formed  for  such  purposes,  or  the  capital  stock  of  charter  banks  may 
be  increased,  under  general  laws. 

2.  That  the  legislature   shall  provide  by  law  for  the  registry  of  all 
notes  or  bills  authorized  by  general  laws  to  be  issued  or  put  in  circu 
lation  as  money ;  and  shall  require  ample  security  for  the  redemption 
of  such  notes  in  specie. 

After  debate  by  Messrs.  Frothingham,of  Charlestown,  and  Schouler, 
of  Boston, 

Mr.  Hooper,  of  FallJliver,  moved  to  amend  the  Resolve  by  adding 
to  the  second  paragraph  the  following : — 

Provided,  that  no  note  or  bill  of  a  less  denomination  than  ten 

33 


498  COMMITTEE    OF    THE    WHOLE.  [July  23d, 

dollars  shall  be  issued  as  currency  after  the  year  eighteen  hundred 
and  sixty. 

After  debate  by  Messrs.  Hooper,  of  Fall  River,  French,  of  Berkley, 
Walker,  of  North  Brookfield,  Stetson,  of  Braintree,  Frothingham,  of 
Charlestown,  and  Livermore,  of  Cambridge, 

The  amendment  was  rejected,  by  a  vote  of  twenty-seven  in  the 
affirmative,  and  eighty-five  in  the  negative. 

The  question  then  recurred  upon  the  adoption  of  the  Resolve  as 
reported, 

And  it  was  decided  in  the  affirmative,  by  a  vote  of  one  hundred  and 
thirty  in  the  affirmative,  and  twenty-eight  in  the  negative. 

On  motion  of  Mr.  Davis,  of  Worcester,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  MORTON,  of  Andover,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  a  series  of  Resolves  (printed  Document  No.  104)  reported  from 
the  Committee  on  Secretary,  Treasurer,  etc.,  concerning  Justices  of 
the  Peace. 

Mr.  Cushman,  of  Bernardston,  moved  to  amend  the  first  Resolve, 
by  striking  out  all  after  the  word  "  Resolved,"  and  inserting  the  fol 
lowing  : — 

That  it  is  expedient  to  amend  the  Constitution  as  follows. 

There  shall  be  two  classes  of  justices  of  the  peace,  viz. : — 

1st.  Trial  Justices,  who  shall  be  elected  by  the  legal  voters  of  the 
several  towns,  for  a  term  of  three  years.  There  shall  be  one  in  each 
town,  and  one  additional  for  every  two  thousand  inhabitants.  They 
shall  have  the  same  jurisdictions,  powers  and  duties  that  are  now 
exercised  by  justices  of  the  peace,  justices  of  the  quorum,  and  com 
missioners  to  qualify  civil  officers ;  and  such  other  powers  as  may  be 
given  them  by  the  legislature. 

2d.  Justices  of  the  Peace,  who  shall  be  appointed  by  the  governor 
and  council,  for  a  term  of  seven  years ;  and  those  who  now  hold  that 
office,  shall  continue  as  such  according  to  the^nure  of  their  respective 
commissions :  provided,  that  the  jurisdiction  of  justices  of  the  peace 
shall  extend  only  to  the  acknowledgment  of  deeds,  the  administration 
of  oaths,  the  issuing  of  subpoenas,  and  the  solemnization  of  marriages. 


1853.]  COMMITTEE    OF    THE    WHOLE.  499 

After  debate  by  Messrs.  Cushman,  of  Bernardston,  and  Hathaway, 
of  Freetown, 

Mr.  Hathaway  moved  that  the  Committee  rise,  report  progress,  and 
ask  leave  to  sit  again ;  but  afterwards  withdrew  the  motion. 

Mr.  Hallett,  member  for  Wilbraham,  moved  to  amend  the  amend 
ment,  by  striking  out  all  after  the  word  "extend,"  in  the  second  para 
graph  thereof,  and  inserting  the  following:  "to  the  hearing  or  trial  of 
any  causes  or  issuing  of  warrants  ; "  and  also  by  inserting  the  word 
"not,"  before  the  word  "extend." 

At  the  suggestion  of  Mr.  Morton,  of  Taunton,  Mr.  Cushman  mod 
ified  his  amendment,  by  inserting,  after  the  word  "deeds,"  in  the 
second  paragraph,  the  following:  "the  taking  of  depositions." 

After  debate  by  Messrs.  Cushman,  of  Bernardston,  and  Butler,  of 
Lowell, 

Mr.  Weston,  of  Duxbury,  moved  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 

The  motion  was  adopted  by  a  vote  of  seventy  in  the  affirmative, 
and  thirty  in  the  negative. 

And  the  Committee  accordingly  rose. 


MONDAY,  July  25,  1853. 

Mr.  MORTON,  of  Andover,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  unfinished  business  of  the  last  session — the  Resolves 
concerning  Justices  of  the  Peace,  the  pending  question  being  upon 
the  amendment  of  Mr.  Hallett,  member  for  Wilbraham,  to  the  amend 
ment  of  Mr.  Cushman,  of  Bernardston. 

Mr.  Hallett  modified  his  amendment,  by  adding  to  the  words  to  be 
inserted,  the  following  words:  "in  criminal  cases." 

The  amendment  as  modified,  was  then  adopted. 

The  question  then  recurring  upon  the  amendment,  as  amended, 
Mr.  Hallett  further  moved  to  amend  the  amendment,  by  striking  out, 
in  the  third  line,  (printed  copy,)  of  the  Resolve,  the  following  words : 
"  There  shall  be  two  classes  of  justices  of  the  peace,  viz. : "  and  also 
the  word  "who,"  in  the  first  line  of  the  first  paragraph ;  also  the  word 
"who,"  in  the  first  line  of  the  second  paragraph. 

After  remarks  by  Mr.  Bishop,  of  Lenox, 

The  amendment  was  adopted. 


500  COMMITTEE    OF    THE    WHOLE.  [July  25th, 

Mr.  Hallett  moved  further  to  amend  the  amendment,  by  inserting, 
after  the  words  "justices  of  the  peace,"  in  the  fifth  line,  (printed  copy,) 
of  the  second  paragraph,  the  following  words:  "and  justices  of  tjie 
peace  and  of  the  quorum,  and  justices  throughout  the  Commonwealth, 
and  commissioners  to  qualify  civil  officers." 

After  debate  by  Messrs.  Chapin,  of  Worcester,  Davis,  of  Plymouth, 
Lord  of  Salem,  and  Griswold,  member  for  Erving, 

The  question  was  taken  upon  the  amendment,  and  seventy-four 
gentlemen  voted  in  the  affirmative,  and  thirteen  in  the  negative. 

A  quorum  not  having  voted, 

On  motion  of  Mr.  Earle,  of  Worcester,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention  that 
a  quorum  was  not  present. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  SCHOULER,  of  Boston,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  a  series  of  Resolves,  reported  from  the  Standing  Committee 
on  the  Preamble  and  Declaration  of  Bights,  (printed  Document  No. 
107.) 

Also,  a  Report  from  the  Committee  to  whom  was  referred  the 
Order  relating  to  remedies  to  the  representatives  of  persons  killed  by 
the  negligence  or  misconduct  of  Railroad  Corporations,  (printed  Doc 
ument  No.  114.) 

Also,  a  Report  from  a  Minority  of  the  Committee  on  the  Preamble 
and  Declaration  of  Rights,  (printed  Document  No.  115.) 

The  Resolves  relating  to  the  Bill  of  Rights  were  first  taken  up  and 
considered. 

Mr.  Sumner,  member  for  Marshfield,  proceeded  to  address  the  Com 
mittee,  until  his  time  had  expired  under  the  rule  adopted  by  the  Con 
vention,  limiting  debate  to  fifteen  minutes, 

When  Mr.  Wilson,  of  Natick,  moved  that  leave  be  granted  to  Mr. 
Sumner  to  proceed. 

Mr.  Lord,  of  Salem,  inquired  whether  it  was  competent  for  the 
Committee  to  change  a  rule  of  the  Convention  ? 

The  Chairman  decided  that  it  was  in  the  power  of  the  Committee 
to  rescind  the  rule. 

After  remarks  by  Messrs.  Boutwell,  member  for  Berlin,  Briggs,  of 
Pittsfield,  Aspinwall,  of  Brookline,  and  Wilson,  of  Natick, 

Mr.  Lord,  of  Salem,  moved  to  amend  the  motion  of  Mr.  Wilson, 


1853." 


COMMITTEE    OF    THE    WHOLE.  501 


by  adding  thereto  the  following  words:  "and  to  any  other  gentleman 
who  chooses." 

After  remarks  by  Mr.  Briggs,  of  Pittsfield,  the  Chairman  decided 
the  amendment  not  in  order. 

Further  debate  followed  between  Messrs.  Hallett,  member  for  Wil- 
braham,  Dana,  member  for  Manchester,  Bird,  of  Walpole,  and  Gard 
ner,  of  Seekonk. 

When  the  motion  of  Mr.  Wilson  was  agreed  to,  by  a  vote  of  ninety- 
two  in  the  affirmative,  and  eighty-seven  in  the  negative. 

Mr.  Boutwell,  member  for  Berlin,  moved  a  reconsideration  of  the 
last  vote. 

Mr.  Sumner  then  waived  his  right  to  speak  under  the  vote  last  taken. 

After  debate  by  Messrs.  Hopkinson,  of  Boston,  and  Gardner,  of 
Seekonk, 

The  question  was  taken,  and  the  motion  of  Mr.  Boutwell  was 
adopted  by  a  vote  of  eighty-four  in  the  affirmative,  and  eighty-two  in 
the  negative. 

The  question  then  recurred  upon  the  motion  of  Mr.  Wilson. 

Mr.  Sumner  again  signified  his  intention  to  waive  all  privilege  or 
right  to  speak, 

When  Mr.  Wilson  withdrew  his  motion. 

Mr.  Hallett,  member  for  Wilbraham,  moved  that  the  several  sub 
jects  referred  to  the  Committee  be  considered  separately. 

Mr.  Thompson,  of  Charlestown,  addressed  the  Committee. 

The  question  then  being  taken,  the  motion  of  Mr.  Hallett  was 
rejected. 

The  question  then  recurred  upon  the  Resolves  relating  to  the  Bill 
of  Rights. 

After  remarks  by  Messrs.  Briggs,  of  Pittsfield,  Sumner,  member  for 
Marshfield,  and  Hopkinson,  of  Boston, 

The  first  Resolve  was  adopted. 

Mr.  Dana,  member  for  Manchester,  moved  to  amend  the  second 
Resolve,  by  adding  thereto  the  following  : — 

Said  writ  shall  be  granted  as  of  right  in  all  cases  where  the  legis 
lature  shall  not  especially  confer  a  discretion  upon  the  court;  but  the 
legislature  may  prescribe  preliminary  proceedings  to  the  obtaining  of 
said  writ. 

After  debate  by  Messrs.  Dana,  member  for  Manchester,  and  Hallett, 
member  for  Wilbraham, 

The  question  was  taken,  and  the  amendment  was  agreed  to,  by  a 
vote  of  eighty-five  in  the  affirmative,  and  twenty -two  in  the  negative. 


502  COMMITTEE    OF    THE   WHOLE.  [July  26th, 

The  question  then  recurring  upon  the  Resolve,  as  amended, 

It  was  adopted. 

The  third  Resolve  was  then  agreed  to,  without  debate. 

Mr.  Hallett  moved  to  amend  the  fourth  Resolve,  by  inserting  the 
word  "expressly,"  after  the  word  "  not,"  in  the  last  line. 

After  debate  by  Messrs.  Sumner,  member  for  Marshlield,  Hallett, 
member  for  Wilbraham,  Lord,  of  Salem,  Wilson,  of  Natick,  and 
Bradford,  of  Essex, 

Mr.  Hallett  withdrew  his  amendment. 

Mr.  Newman,  of  Bolton,  then  moved  to  strike  out  the  last  para 
graph  of  the  fourth  Resolve,  and  insert  the  following  words : — 

We  declare  every  thing  in  this  Bill  of  Rights  is  excepted  out  of 
the  general  powers  of  government,  and  shall  ever  remain  inviolate. 

But  the  motion  was  rejected. 

The  question  then  recurred  upon  the  fourth  Resolve. 
Mr.  Bradford,  of  Essex,  calling  for  a  division, 

The  question  was  taken  upon  the  first  part,  as  far  as  and  including 
the  word  "  people,"  in  the  fifth  line,  (printed  copy,)  and  it  was  agreed  to. 
The  remaining  part  of  the  Resolve  was  then  agreed  to. 
When,  on  motion  of  Mr.  Wilson,  of  Natick,  it  was 

Voted,  That  the  Committee  rise,  and  report  that  the  Resolves 
relating  to  the  Bill  of  Rights  ought  to  pass,  with  the  amendment ; 
arid  upon  the  other  subjects  referred  to  the  Committee,  ask  leave  to 
sit  again. 

And  the  Committee  accordingly  rose, 


TUESDAY,  July  26,  1853. 

Mr.  NAYSON,  of  Arnesbury,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  proceeded  to  con 
sider  the  following  Resolve : — 

Resolved,  That  the  Constitution  ought  to  be  amended  so  as  to 
make  the  provisions  for  receiving,  assorting,  counting  and  recording 
of  votes,  uniform  in  the  election  of  all  officers  whose  election  is  pro 
vided  for  in  the  Constitution. 

After  remarks  by  Mr.  Duncan,  of  Williamstown, 


18,53.]  COMMITTEE    OF    THE   WHOLE.  503 

The  Resolve  was  adopted,  by  a  vote  of  one  hundred  and  seventeen 
in  the  affirmative,  and  thirty-five  in  the  negative. 
On  motion  of  Mr.  Earle  of  Worcester,  it  was 

Voted,  That  the  Committee  rise,  and  report  to  the  Convention,  that 
the  Resolve  ought  to  pass. 

And  the  Committee  accordingly  rose. 


Afterwards,  Mr.  SCHOULER,  of  Boston,  in  the  chair. 

By  direction  of  the  Convention,  the  Committee  resumed  the  con 
sideration  of  the  unfinished  business  of  the  session  of  July  25th. 

The  first  subject  considered  was  the  following  Report,  from  the 
Minority  of  the  Committee  on  the  Bill  of  Rights,  (printed  Document 
No.  115)  :- 

That  the  second  article  of  the  Bill  of  Rights  ought  to  be  so  altered 
as  to  change  the  words,  "for  his  religious  profession  or  sentiments," 
to  the  words  "for  his  profession  or  sentiments  concerning  religion;" 
so  that  it  will  read,  if  so  amended, — 

And  no  subject  shall  be  hurt,  molested,  or  restrained  in  his  person, 
liberty,  or  estate,  for  worshipping  God  in  the  manner  and  season  most 
agreeable  to  the  dictates  of  his  own  conscience,  or  for  his  profession 
or  sentiments  concerning  religion. 

Mr.  Chandler,  of  Greenfield,  moved  to  amend  the  Report,  by  strik 
ing  out  the  word  "subject,"  in  the  first  line,  and  inserting  the  word 
"person;"  and  also,  by  adding  the  following  at  the  close:  "provided, 
it  does  not  interfere  with  the  rights  and  privileges  of  other  wor 
shippers." 

After  debate  by  Messrs.  Allen,  of  Worcester,  Lord,  of  Salem,  and 
Sumner,  member  for  Marshfield, 

Mr.  Chandler  withdrew  the  second  part  of  his  amendment. 

After  further  debate  by  Messrs.  Sumner,  member  for  Marshfield, 
and  Lord,  of  Salem, 

Mr.  Chapin,  of  Webster,  moved  to  amend  the  Report,  by  striking 
out,  in  the  second  paragraph  thereof,  the  words  "  or  restrained,"  and 
inserting  before  the  word  "molested,"  the  word  "or." 

At  the  suggestion  of  Mr.  Sumner,  member  for  Marshfield,  Mr. 
Chandler  modified  his  amendment,  by  substituting  the  word  "  man," 
for  the  word  "person." 

Debate  followed  between  Messrs.  Sumner,  member  for  Marshfield, 


504  COMMITTEE    OF    THE    WHOLE.  [July  26th, 

Briggs,  of  Pittsfield,  Keyes,  member  for  Abington,  Dana,  member  for 
Manchester,  Chapin,  of  Webster,  Bird,  of  Walpole,  Hillard,  of  Boston, 
Chandler,  of  Greenfield,  French,  of  New  Bedford,  Hallett,  member  for 
Wilbraham,  and  Whitney,  of  Boylston, 

The  question  was  then  taken  upon  the  amendment  of  Mr.  Chandler, 

And  it  was  rejected. 

Mr.  Butler,  of  Lowell,  moved  to  amend  the  Report  by  substituting 
the  word  "one,"  for  the  word  "subject." 

After  debate  by  Messrs.  Butler,  of  Lowell,  Foster,  of  Charlemont, 
Chapin,  of  Webster,  Briggs,  of  Pittsfield,  Holder,  of  Lynn,  Jenks,  of 
Boston,  Gardner,  of  Seekonk,  and  Parker,  of  Cambridge, 

The  motion  was  agreed  to  by  a  vote  of  one  hundred  and  fifty  in 
the  affirmative,  and  one  hundred  and  seven  in  the  negative. 

The  question  then  recurred  upon  the  amendment  of  Mr.  Chapin,  of 
Webster, 

And  it  was  rejected. 

Mr.  Spooner,  of  Warwick,  moved  to  amend  the  Report  by  adding, 
at  the  close,  the  following  words  :  "or  any  other  subject." 

After  remarks  by  Mr.  Spooner, 

The  amendment  was  rejected. 

The  question  then  recurred  upon  the  Report,  as  amended. 

The  Committee  was  addressed  by  Messrs.  Lord,  of  Salem,  Hallett, 
member  for  Wilbraham,  Keyes,  member  for  Abington,  Kingman,  of 
West  Bridgewater,  and  Chapin,  of  Webster. 

Mr.  Walker,  of  North  Brookfield,  moved  that  debate  cease  at  ten 
minutes  past  five  o'clock ; 

But  the  Chairman  decided  the  motion  not  in  order. 

The  subject  was  further  debated  by  Messrs.  Hallett,  member  for 
Wilbraham,  Plunkett,  of  Adams,  and  Abbott,  of  Lowell, 

When,  the  question  being  taken  upon  the  Report,  as  amended, 

It  was  rejected,  by  a  vote  of  one  hundred  and  twenty-one  in  the 
affirmative,  and  one  hundred  and  sixty-eight  in  the  negative. 

Mr.  Hallett,  member  for  Wilbraham,  moved  a  reconsideration  of 
the  last  vote. 

After  remarks  by  Mr.  Lord,  of  Salem, 

The  question  being  taken, 

The  motion  was  rejected. 

The  Committee  then  proceeded  to  consider  the  Minority  Report 
(printed  Document  No.  115)  of  the  same  committee,  on  the  subject 
of  Law  Martial,  to  strike  out  from  the  twenty-eighth  article  of  the 
Bill  of  Rights  the  words  "by  the  authority  of  the  legislature."  So  it 
will  read,  if  amended  : — 


1853.]  COMMITTEE    OF   THE   WHOLE.  505 

No  person  can,  in  any  case,  be  subjected  to  law  martial,  or  to  any 
penalties  or  pains  by  virtue  of  that  law,  except  those  employed  in  the 
army  or  navy,  and  except  the  militia  in  actual  service. 

After  remarks  by  Mr.  Halle tt,  member  for  Wilbraham, 

The  question  was  taken  on  agreeing  to  the  Report,  and  decided  in 
the  affirmative. 

So  the  Report  was  accepted. 

The  Committee  then  proceeded  to  consider  the  Report,  from  the 
Minority  of  the  same  committee,  (printed  Document  No.  115,)  con 
cerning  the  Rights  of  Juries,  that  there  should  be  added  to  the 
fifteenth  article  of  the  Bill  of  Rights,  the  following  clause : — 

In  all  trials  for  criminal  offences,  the  jury,  after  having  received  the 
instruction  of  the  court,  shall  have  the  right,  in  their  verdict  of  guilty 
or  not  guilty,  to  determine  the  law  and  the  facts  of  the  case. 

After  remarks  by  Mr.  Hillard,  of  Boston, 

Mr.  Wilson,  of  Natick,  moved  that  the  Committee  rise,  report  pro 
gress,  and  ask  leave  to  sit  again. 

The  motion  was  agreed  to,  by  a  vote  of  one  hundred  and  eighteen 
in  the  affirmative,  and  thirty-nine  in  the  negative. 

And  the  Committee  accordingly  rose. 

34 


APPENDIX 


JOURNAL 


OF  THE 


Committee  of  ttje  (Honstitutional  Contention* 


SENATE  CHAMBER,  STATE  HOUSE, 
December  19,  1853. 


The  Committee  of  the  Constitutional  Convention  appointed  under 
the  third  Resolution  adopted  by  that  body  on  the  first  day  of  August, 
in  the  year  1853,  assembled  this  day. 

Hon.  N.  P.  BANKS,  Jr.,  Chairman,  called  the  Committee  to  order. 

The  names  of  the  members  were  called  by  William  S.  Robinson, 
Secretary  of  the  Convention,  and  it  appeared  that  the  following 
named  members  were  present,  viz.:  — 

Messrs.  BANKS,  of  Waltham  ;  BOUTWELL,  member  for  Berlin;  DANA, 
member  for  Manchester ;  GILES,  of  Boston ;  MORTON,  of  Andover ; 
UPHAM,  of  Salem;  BUTLER,  of  Lowell;  GRISWOLD,  member  for  Erv- 
ing ;  FROTHINGHAM,  of  Charlestown  ;  WOOD,  of  Middleborough  ; 
HILLARD,  of  Boston ;  ASPINWALL,  of  Brookline  ;  SLEEPER,  of  Rox- 
bury;  FRENCH,  of  New  Bedford ;  OLIVER,  of  Lawrence ;  EAMES,  of 
Washington  ;  PHINNEY,  member  for  Chatham  ;  and  WHITE,  of 
Quincy. 

On  motion  of  Mr.  Butler, 

W.  S.  Robinson,  senior  Secretary  of  the  Convention,  was  requested 
to  act  as  Secretary  of  the  Committee. 

On  motion  of  Mr.  Giles, 

The  Secretary  of  the  Committee  was  directed  to  notify  the  Secre 
tary  of  the  Commonwealth  that  the  Committee  is  in  session,  and 
ready  to  receive  such  returns  of  votes  on  the  Constitutional  Prop 
ositions  as  may  have  been  transmitted  to  him. 

Afterwards,  the  Chairman  of  the  Committee  announced  that  the 
following  communication  had  been  received  from  the  Secretary  of  the 
Commonwealth  : — 


510  APPENDIX. 

COMMONWEALTH    OF    MASSACHUSETTS. 

Secretary's  Office,  Boston,  Dec.  19,  1853. 

SIR, — I  herewith  transmit  the  returns  received  at  this  office,  pur 
porting  to  be  the  returns  of  votes  for  and  against  the  adoption  of  the 
Constitution  of  August  1st,  1853.  Returns  have  been  received  from 
all  the  towns  in  the  State,  except  the  town  of  Grafton,  in  Worcester 
County. 

Respectfully,  your  most  obedient  servant, 

E.  M.  WRIGHT. 
To  the  Committee  of  the  Convention,  assembled  at  the  State  House. 

On  motion  of  Mr.  Boutwell, 

Ordered,  That  the  returns  of  votes  from  the  several  counties  be 
referred  to  six  sub-committees,  each  to  consist  of  three  members,  to 
be  appointed  by  the  Chairman. 

The  Chairman  appointed  the  sub-committees,  as  follows : — 

To  examine  the  votes  of  the  towns  in  Suffolk,  Essex,  and  Plymouth 
Counties — 

Messrs.  Boutwell,  Oliver,  and  Morton. 

To  examine  the  votes  of  the  towns  in  Middlesex,  Dukes,  and  Nan- 
tucket  Counties — 

Messrs.  Dana,  As  pin  wall,  and  White. 

To  examine  the  votes  of  the  towns  in  Worcester  County — 

Messrs.  Hillard,  Qpham,  and  Wilson. 

To  examine  the  votes  of  the  towns  in  Hampshire  and  Hampden 
Counties — 

Messrs.  Griswold,  Giles,  and  Phinney. 

To  examine  the  votes  of  the  towns  in  Franklin,  Norfolk,  and 
Barnstable  Counties — 

Messrs.  Frothingham,  Eames,  and  Aspinwall. 

To  examine  the  votes  of  the  towns  in  Berkshire  and  Bristol 
Counties — 

Messrs.  Sleeper,  Butler,  and  French. 

On  motion  of  Mr.  Oliver, 

Ordered,  That  when  the  Committee  adjourns,  it  adjourn  to  meet 
to-morrow,  at  twelve  o'clock. 

On  motion  of  Mr.  Oliver, 


APPENDIX.  511 

Ordered,  That  the  Messenger  of  the  Convention  be  requested  to 
serve  as  Messenger  of  the  Committee. 

On  motion  of  Mr.  Dana, 

Ordered,  That  the  rules  of  the  Convention,  so  far  as  applicable,  be 
the  rules  of  this  Committee. 

At  one  o'clock,  on  motion  of  Mr.  Butler, 
The  Committee  adjourned. 


TUESDAY,  December  20,  1853. 

The  Committee  met  at  twelve  o'clock,  according  to  adjournment 
and  the  Journal  of  yesterday's  proceedings  was  read. 

Mr.  Frothirigham,  from  the  Sub-Committee  charged  with  counting 
the  votes  from  the  towns  in  Franklin,  Norfolk,  and  Barnstable  Coun 
ties,  submitted  the  following  Report,  accompanied  by  a  schedule  of 
the  result : — 

December  20,  1853. 

The  Sub-Committee  to  whom  were  referred  the  returns  of  the  votes 
given  in  for  the  Constitutional  Propositions  in  the  counties  of  Frank 
lin,  Norfolk,  and  Barnstable,  have  examined  the  same,  and  Report: — 

That  they  find  returns,  duly  signed  by  the  selectmen  of  the  towns 
or  mayor  and  aldermen  of  the  cities,  and  attested  by  the  town  clerks, 
and  marked  on  the  envelopes  as  having  been  received  in  due  time 
from  the  several  towns  in  the  counties  of  Franklin,  Norfolk,  and 
Barnstable,  to  wit :  from  twenty-six  towns  from  the  county  of  Frank 
lin,  twenty-three  towns  from  the  county  of  Norfolk,  and  thirteen 
towns  from  the  county  of  Barnstable ;  and  that  the  number  of  votes 
of  the  several  towns  is  according  to  the  accompanying  schedules  for 
each  county.  There  were  duplicate  returns  from  the  towns  of 
Charlemont  and  Rowe,  which  were  alike. 

For  the  Committee, 

R.  FROTHINGHAM,  Jr.,  Chairman. 

Laid  on  the  table. 

Mr.  Sleeper,  from  the  Sub- Committee  charged  with  counting  the 
votes  from  the  towns  in  Berkshire  and  Bristol  Counties,  stated  that 
Mr.  Butler  and  Mr.  French,  his  associates  upon  the  committee,  were 
necessarily  absent,  and  he  requested  that  some  other  members  might 
be  appointed  to  supply  their  places. 


512  APPENDIX. 

The  Chairman  appointed  Mr.  Frothingham  to  take  the  place  of 
Mr.  Butler,  and  Mr.  Chapin,  of  Springfield,  to  take  the  place  of  Mr. 
French. 

The  Chairman  announced  that  he  had  received  a  communication 
from  the  Secretary  of  the  Commonwealth,  accompanied  by  the  return 
of  votes  from  the  town  of  Grafton. 

The  return  was  referred  to  the  Sub-Committee  charged  with  count 
ing  the  votes  from  the  towns  in  the  county  of  Worcester. 

Mr.  Hillard,  from  the  Sub- Committee  charged  with  counting  the 
votes  from  the  towns  in  the  county  of  Worcester,  submitted  the  fol 
lowing  Report,  accompanied  by  a  schedule  of  the  result : — 

December  20,  1853. 

The  Sub-Committee  charged  with  the  duty  of  counting  and  report 
ing  the  votes  of  the  county  of  Worcester,  have  attended  to  the  same, 
and  Report : — 

That  they  have  examined  the  returns  from  one  city  and  fifty-six 
towns  in  the  said  county.  The  return  from  Grafton  was  not  counted, 
not  having  been  received  till  after  the  day  fixed  by  law  for  receiving 
returns. 

The  result  of  the  votes  of  the  said  county  appears  by  the  schedule 
hereto  annexed  and  returned. 

G.  S.  HILLARD. 
C.  W.  UPHAM. 
HENRY  WILSON. 

Laid  on  the  table. 

On  motion  of  Mr.  Wilson, 

Ordered,  That  a  committee  be  appointed  to  whom  shall  be  referred 
the  Reports  of  the  several  Sub- Committees,  with  instructions  to  pre 
pare  a  tabular  statement  of  the  vote  by  counties,  and  the  result  of  the 
whole  vote. 

The  Chairman  appointed  the  committee,  as  follows : — 

Messrs.  Wilson,  Chapin,  Upham,  Giles,  Griswold,  Oliver,  Aspin- 
wall,  and  Morton. 

Mr.  Griswold,  from  the  Sub-Committee  charged  with  counting  the 
votes  from  the  towns  in  the  counties  of  Hampshire  and  Hampden, 
submitted  the  following  Report,  accompanied  by  a  schedule  of  the 
result : — 

December  20,  1853. 

The  Sub- Committee  to  whom  were  referred  the  returns  of  votes 
upon  the  several  Constitutional  Propositions  in  the  counties  of  Hamp 
shire  and  Hampden,  have  attended  to  the  duty  assigned  them,  and 
ask  leave  to  submit  the  subjoined  Report : — 


APPENDIX.  513 

The  Committee  find  the  returns  from  the  several  towns  in  the 
counties  of  Hampshire  and  Hampden  duly  made  out,  signed  by  the 
selectmen  of  the  several  towns  or  the  mayor  and  aldermen  of  the 
cities,  or  a  majority  of  the  same,  and  attested  by  the  town  clerks  of  the 
several  towns  or  the  city  clerks  of  the  cities,  and  duly  sealed,  super 
scribed  and  returned  to  the  Secretary  of  the  Commonwealth,  with  the 
exception  of  two  towns.  The  return  from  Williamsburg,  in  the 
county  of  Hampshire,  had  the  signature  of  only  one  selectman  in  the 
proper  place ;  but  over  the  signature  of  the  town  clerk  and  opposite 
the  printed  word  attest,  was  the  signature,  Caleb  L.  Thayer.  The 
Committee  being  of  opinion  that  said  Thayer  was  one  of  the  select 
men  and  intended  to  sign  the  return  as  such,  considered  the  return  as 
substantially  correct,  and  counted  the  same.  The  return  from  the 
town  of  Ludlow,  in  the  county  of  Hampden,  was  unsealed.  It  ap 
peared  from  a  memorandum  on  said  return  made  by  the  Secretary  of 
the  Commonwealth,  that  said  return  was  received  by  the  Secretary  in 
a  sealed  envelope,  with  other  returns,  superscribed  "  Votes  for  State 
Officers — Yeas  and  Nays."  The  Committee,  considering  the  return 
substantially  in  compliance  with  the  Resolves  accompanying  the 
Constitutional  Propositions,  counted  the  same. 

The  result  of  the  votes  upon  the  several  Constitutional  Propositions 
in  the  several  towns  and  cities  in  the  counties  of  Hampshire  and 
Hampden,  will  appear  by  the  schedules  accompanying  this  Report. 

For  the  Committee, 

W.  GRISWOLD,   Chairman. 

Mr.  Oliver,  from  the  Sub-Committee  charged  with  counting  the 
votes  from  the  towns  in  the  counties  of  Suffolk,  Essex,  and  Plymouth, 
submitted  the  following  Report,  accompanied  by  a  schedule  of  the 
result : — 

December  20,  1853. 

The  Sub-Committee  to  whom  were  referred  the  returns  of  the  votes 
given  for  and  against  the  Constitutional  Propositions  submitted  to 
the  people  in  November  last,  for  the  several  cities  and  towns  in  the 
counties  of  Suffolk,  Essex,  and  Plymouth,  have  examined  the  same, 
and  beg  leave  to  Report : — 

That  they  find  said  returns  duly  signed  by  the  mayors  and  aldermen 
of  cities  and  by  the  selectmen  of  towns,  and  duly  attested  by  the  city 
and  town  clerks  of  the  several  cities  and  towns  in  said  counties,  and 
marked  on  the  envelopes  as  returned  in  due  season,  and  that  said 
returns  were  received  as  follows,  to  wit :  from  one  city  and  three 
towns  in  Suffolk  County ;  from  four  cities  and  twenty-eight  towns  in 
35 

§ 


514  APPENDIX. 

Essex  County ;  from  twenty-two  towns  in  Plymouth  County.  That 
in  the  county  of  Plymouth,  the  voters  of  the  town  of  Marion  were 
by  law  to  vote  in  the  town  of  Rochester,  and  the  voters  of  the  town 
of  Lakeviile  were  by  law  to  vote  in  the  town  of  Middleborough. 

The  Committee  further  report,  that  the  votes  of  the  several  cities 
and  towns  in  said  counties  are  recorded  in  the  accompanying  sched 
ules  of  the  counties. 

Duplicate  returns  were  received  from  the  towns  of  Marblehead  and 
Beverly,  and  that  opposite  to  the  signatures  of  the  selectmen  of  the 
several  towns  of  Rowley,  Danvers,  and  Haverhill,  in  the  county  of 
Essex,  and  of  the  towns  of  Plympton  and  Bridgewater,  in  the  county 
of  Plymouth,  and  of  Winthrop,  in  the  county  of  Suffolk,  at  the  foot 
of  said  returns,  the  names  of  the  towns  were  not  written ;  but  inas 
much  as  in  each  of  these  cases  the  name  of  the  town  was  duly  and 
fully  written  in  the  appropriate  place  in  the  heading  of  the  return,  the 
Committee  considered  each  of  said  returns  to  be  authentic. 

HENRY  K.  OLIVER, 
MARCUS  MORTON,  Jr., 
A  majority  of  the  Committee. 

Mr.  Dana,  from  the  Sub-Committee  charged  with  counting  the 
votes  from  the  towns  in  the  counties  of  Middlesex,  Nantucket,  and 
Dukes,  submitted  the  following  Report,  accompanied  by  a  schedule 
of  the  result : 

December  20,  1853. 

The  Sub- Committee,  to  whom  were  referred  the  returns  from  the 
several  towns  and  cities  in  the  counties  of  Middlesex,  Nantucket,  and 
Dukes,  have  examined  the  same,  and  Report : — 

That  they  find  returns  duly  signed  by  the  selectmen  of  the  several 
towns,  or  mayors  and  aldermen  of  the  several  cities,  and  attested  by 
the  several  town  or  city  clerks,  and  marked  on  the  envelopes  as  having 
been  received  in  due  time,  from  the  several  towns  or  cities  in  the 
counties  of  Middlesex,  Nantucket,  and  Dukes,  to  wit:  from  forty- 
eight  towns  and  three  cities  in  the  county  of  Middlesex,  from  one 
town  in  the  county  of  Nantucket,  and  from  three  towns  in  the  county 
of  Dukes ;  and  that  the  number  of  votes  in  the  several  towns  and 
cities  is  according  to  the  accompanying  schedules  for  each  county. 

That  the  return  from  the  town  of  Concord,  in  the  county  of  Mid 
dlesex,  encloses  a  vote  on  all  the  Propositions,  which  was  both  Yes 
and  No  on  each  Proposition,  and  the  return  does  not  show  whether 
said  vote  was  counted  or  not. 


APPENDIX.  515 

That  the  return  from  the  town  of  Dracut,  in  said  county,  states  the 
vote  in  the  negative  on  the  Proposition  number  "eight"  to  have  been 
"one  and  seven."  As  all  the  other  votes  in  the  negative  on  the  other 
Propositions  in  that  town,  are  between  one  hundred  and  six  and  one 
hundred  and  eleven,  the  Committee  are  of  opinion  that  the  vote  act 
ually  given  was  one  hundred  and  seven.  But  in  the  schedule  ap 
pended  to  their  Report,  they  have  not  counted  the  said  vote  at  all. 

RICHARD  H.  DANA,  Jr. 
WILLIAM  ASPINWALL. 
GEORGE  WHITE. 

Mr.  Sleeper,  from  the  Sub- Committee  charged  with  counting  the 
votes  from  the  towns  in  the  counties  of  Berkshire  and  Bristol,  sub 
mitted  the  following  Report,  accompanied  by  a  schedule  of  the 
result: — 

December  20,  1853. 

The  Sub- Committee  appointed  to  examine  the  returns  and  report 
the  number  of  votes  given  in  the  counties  of  Bristol  and  Berkshire, 
for  and  against  the  proposed  amendments  to  the  Constitution,  at  the 
late  election,  have  attended  to  their  duty,  and  Report: — 

That  the  number  of  votes  in  the  different  towns  in  those  counties 
viz.:  thirty-one  in  Berkshire,  and  nineteen  in  Bristol,  according  to  the 
returns  received  at  the  office  of  the  Secretary  of  State,  is  contained 
in  the  schedules  which  accompany  this  Report. 

The  Committee  further  state  that  the  returns  from  the  different 
towns  in  those  counties  appear  to  be  regular  and  in  conformity  to 
law,  with  the  exception  of  the  town  of  New  Ashford,  in  Berkshire 
County,  where  the  signature  of  the  town  clerk,  attesting  the  correct 
ness  of  the  returns  from  that  town,  is  wanting. 

JOHN  S.  SLEEPER,  Chairman. 

These  Reports  were  severally  referred  to  the  Committee  charged 
with  making  a  tabular  statement  of  the  result  by  counties,  etc. 

The  Reports  from  the  Sub-Committees  charged  with  counting  the 
votes  from  the  towns  in  Franklin,  Norfolk,  and  Barnstable  Counties, 
and  in  Worcester  County,  were  taken  from  the  table  and  referred  to 
the  same  committee. 

Mr.  Hillard  offered  the  following  Order : — 

Ordered^  That  the  Secretaries  of  the  late  Convention  return  into 
the  hands  of  this  Committee  the  Journals  of  the  said  Convention, 
together  with  its  papers  and  files,  and  its  final  Report. 


516  APPENDIX. 

Laid  upon  the  table. 

On  motion  of  Mr.  Hillard, 

Ordered^  That  when  the  Committee  adjourns,  it  adjourn  to  meet  at 
12  o'clock  to-morrow. 

On  motion  of  Mr.  Phinney,  at  a  quarter  past  two  o'clock, 
The  Committee  adjourned. 


WEDNESDAY,  December  21,  1853. 

The  Committee  met  at  12  o'clock,  according  to  adjournment. 

The  reading  of  the  Journal  was  dispensed  with. 

Mr.  Wilson,  from  the  Committee  appointed  to  prepare  a  Tabular 
Statement  of  the  Result  of  the  Voting,  from  the  Reports  of  the  Sub- 
Committees,  submitted  the  following  Report : — 

DecemberZl,  1853. 

The  Sub- Committee  to  whom  was  referred  the.  duty  of  the  sum 
ming  up  of  the  several  county  aggregates  of  the  votes  given  for  and 
against  the  several  Constitutional  Propositions  submitted  to  the  people 
by  the  late  Constitutional  Convention,  and  acted  upon  by  them  on 
the  second  Monday  of  November  last,  have  attended  to  that  duty, 
and  Report: — 

That  they  decided  that  the  votes  of  the  town  of  Grafton,  in  the 
county  of  Worcester,  upon  the  several  Propositions,  should  be  in 
cluded  in  the  summing  up  of  the  votes  of  that  county ;  and  that  the 
vote  of  the  town  of  Dracut,  in  the  county  of  Middlesex,  cast  in  the 
negative  of  the  Eighth  Proposition,  should  likewise  be  included  in  the 
summing  up  of  the  votes  of  that  county ;  and  that  the  entire  aggre 
gate  of  all  the  votes  of  the  several  counties,  for  and  against  the 
several  Constitutional  Propositions  submitted  to  the  people,  is  pre 
sented  in  the  schedule  accompanying  this  Report. 

HENRY  WILSON. 
C.  W.  CHAPIN. 
C.  W.  UPHAM. 
WHITING  GRISWOLD. 
HENRY  K.  OLIVER. 
WILL.  ASPINWALL. 
MARCUS  MORTON,  Jr. 


APPENDIX.  517 

On  motion  of  Mr.  Phinney, 

The  Report  was  accepted. 

On  motion  of  Mr.  Hillard, 

The  Secretary  was  instructed  to  prepare  the  papers  necessary  for 
an  official  notification  to  the  governor  and  the  legislature  and  to  the 
people,  of  the  result  of  the  vote. 

And,  on  motion  of  the  same  gentleman,  a  sub-committee  was 
appointed  to  superintend  the  preparation  of  the  papers. 

The  President  appointed  Messrs.  Hillard,  Butler,  Wood,  White, 
and  Morton,  to  compose  the  committee. 

On  motion  of  Mr.  Butler, 

The  Secretary  was  instructed  to  publish  in  the  Journal  of  the  Con 
vention  the  result  of  the  vote,  in  extenso,  and  also  the  Journal  of  the 
Proceedings  of  the  Committee. 

On  motion  of  Mr.  Oliver, 

Ordered,  That  the  vote  be  also  published  in  the  Debates. 

Mr.  Hillard,  from  the  Committee  appointed  to  superintend  the  pre 
paration  of  the  official  notification  of  the  result  of  the  votes,  submit 
ted  a  Report,  that  duplicate  papers  had  been  prepared  and  signed  by 
the  members  of  the  Committee. 

On  motion  of  Mr.  Hillard, 

The  Chairman  was  requested  to  execute  the  trust  reposed  in  the 
Committee  by  the  Convention,  relative  to  the  notification  of  the 
governor,  legislature,  and  people. 

On  motion  of  Mr.  Oliver, 

The  Secretary  was  directed  to  make  up  the  pay  roll  of  the 
Committee. 

The  Chairman  announced  that  he  had  received  a  communication 
from  the  Auditor,  expressing  his  readiness  to  pay  the  members  as 
soon  as  the  pay  roll  should  be  prepared. 

The  pay  roll  having  been  made  ready  and  certified, 

On  motion  of  Mr.  Oliver, 

At  2-|  o'clock,  the  Committee  adjourned,  without  day. 


518 


APPENDIX. 


C/3 


co' 


^    -S 

O      Ss 


t— i       -^     o 

cS       -<S* 

0^| 

^H        ^     ^ 
^       '1  6 


4? 


PQ       1 


*^       O 


oj     5* 

g  cS 


s    <*J 

o   -« 


fts 


p 

O 
O 

M 


P 

02 


GO        0        ^        0 

00 

GO        CO        CO        r-H 

C\£ 

d 

CO        ^^ 

Oi 

£ 

GO" 

GO" 

00 

o 

fc 

05 

2    35    S    co 

o 

H 

co" 

co" 

d 

Ol        CO        CO        rH 

5 

t^ 

X 

GO" 

GO" 

0 

s 

g    |    S    g 

CO 

co" 

co" 

d 

S    8    5    w 

% 

co 

GO" 

GO" 

o 

fc 

s 

Cl        CO        »O        GO 
CO        CO        1-1        CO 

10 

CO" 

•^ 

d 

0000 

0 

ui 

* 

GO" 

GO" 

d 
JZJ 

OJ 

QO        00        CO        O? 

s 

H 

co" 

co" 

d 

10      co      o?      o 

1O        CO        CO 

§ 

"^           ^^ 

O"^ 

*i 

GO 

oo" 

6 

X 

s 

tO           Tt*           W 

2 

CO 

CO 

CO 

co" 

00        0        0*        0 

0 

0 

^       °^       ^~"       "~^ 

o 

n 

GO" 

o" 

0 

*#            pi            T?            *-( 

Of 

? 

00        00        T—  (        CO 

O        CO 

\ 

CO 

CO 

6 

3    3    g    S 

0 

tq 

IO        "* 

^^ 

<^ 

co" 

0 

* 

8 

1/3           rH           r-l          CO 

CO 
1—  I 

CO 

^ 

CO 

CO" 

^    S3    S    3 

oo 

^^           ^^ 

IO 

~ 

0 

of 

o 

GO        0        ^         i-l 

CO 

Tf         00         r-l         CO 

(  >. 

^, 

O^         CO 

CO 

CO 

CO 

03 



O 

s 

H 

*7i^                              DQ 

§  iff  1 

OD           O           S         .5                 -ft 

o        S         O       IT" 

&    6    *    £ 

TH  O 

IO         GO 

c^      co 


QQ 
QD 


O 

o 


et 


o      o 

%       CO 


CO 


10      t>. 

Ot        CO 

88  13 


§8 


00 

rH 

21-H        Ci 
O           i-H 

K 

CO 

-H 

i 

API 

8  8 

rH 

3ENDIX. 

QO          rH          rH          IO 

•^        CM        CO        Ci 

, 

rH 
GO 

1 

1 

511 

i>. 

1 

tO           Tt<           O 

CM        Ci        CM 

2 

r-l 

1 

|  g 

rH 

s 

g 

o 

§ 

s 

rH 

s 

Ci 

S  s  1 

8 

CO 

rH 

rH 

3  8 

rH 

i  §  i  i 

3 

GO 

1 

1 

5S 

CO 

*O           Tf           O 

CM        Ci        CM 

2 

GO 
GO 

rH 

CO 

•**<  CO 
CO  *>• 

rH 

i  i  1  S 

rH 

S 

8 

rH 

rH 

S 

rH 

" 

rH 

GO           rH           Ci 

S    S    g 

GO 

rH 

SB 

CO 

&  S 

00          CM          }>.          rH 

S    3    S    l€ 

^5 

e 

o 

rH 

Ci 

r-  1 

3 

1 

s  s  1 

8 

rH 

GO 
GO 

rH 

1 

CO  CO 
CO  1>» 

»0        CO         O        00 
IO        CM        CO        v-^ 

s 

1 

1 

1 

S 

O 

rH 

III 

cS 

CO 

Tj* 

rH 

CO 

J^  T^ 

Ci  i^* 

O        CO        O        O 

Ci        1-1        00        CO 

« 

s 

1 

8 

rH 

3 

1 

s  §  1 

GO 

CO 
rH 

GO 

3 

CO  CO 
CO  l^ 

rH 

l^        Ci        Ci        CO 

iO        CM        CO        CM 

co 

rH 
O 

rH 

GO 

Ci 

GO 

S 

Ci 

0           O           i-H 

S 

CO 
rH 

CM 

i 

Ci  CO 
Ci  i> 

Ci        CO        1^        0 

S      o5      §      § 

3 

8 

CO 

8 

rH 

9 

1 

CM        3        |! 

2 

S 

^ 

1  fc 

GO        "*        CO         GO 

CO        CO        CO         GO 

r-T 

S 

rH 

O 

rH 

Ci 

10 

GO 

g 

1 

O        O        GO 

*H         0        CM 

rH           rH           J> 

® 

1C 

TH 

i 

cc  ^o 

^^  i^ 

CO        CO        O        1^ 
O         *HI        Tf        GO 
O        CM         CO         Ci 

CO 

88 

Ci 

§3 

2 

t 

1 

CM          Ci          rH 

rH 

IO 
CO 

rH 

rH 

§  s 

8  8  S  § 

8 

8 

1 

rH 

S 

1 

O           O           rH 

CO 

rH 

% 

CO 

O  CO 
O  i> 

rH 

I  1  1  1 

CO 

rH 
GO 

i 

8 

rH 

5 

I 

i^        CO        CO 
CO        Ci        CM 

£ 

rH 

GO 
00 

rH 

1 

g  ^ 

S  g  §  I 

8 

rH 
O 
rH 

1 

S 

8 

1 

0        0        Ci 

rH            0             1-H 

£ 

CO 

rH 

1 

rH  IO 

O  l^* 

rH 

!>.        Tt<        CM        IO 

§    S    S    S 

3 

GO 

1 

i 

5 

1 

tfj 

CO 

| 

3 

CO  1C 

§  &  M 

8 

8 

rH 

i 

rH 

g 

1 

£ 

1     1       1 

i 

Georgetown,  . 

Gloucester,  . 

Groveland,  . 
Hamilton, 

i—  r              sT 
r3                  o 

•S      "o        S 

I  i  1  e 

ffi  *  ^  ^ 

Lynnfield, 

Manchester,  . 

Marblehead,  . 

Methuen, 

Middleton,  . 

520 


APPENDIX. 


r-  1         GO         r-( 


CO 
CO 


GOCOGO 


l>» 
Ci 


10        I-H        i-* 


r-i         00          i-l 


IO  1-H  1-1 


GO 


o 


O? 


o 


i-l         GO         i—  ( 


J-l 


l  11 


APPENDIX. 


521 


r^ 

c5  co  T*  ^  c* 

rH  rH 

& 

rH 

8     « 

rH 

r-T 

OO 

51 

rH 

0 

in     g 

3 

CO  !>•  i—  1  O  m 

o  rH  o*  m  m 

rH 

8 

CO         t>» 

00 
rH 

8 

g 

rH 
CO 

l>-        CO 

- 

rH  rH 

1 

CO 

|  » 

•^ 
00 

T-T 

rH 

£ 

rH 

rH 

a  i 

g 

rt<  CJ  rH  O  m 

o  »-i  <M  m  m 

s 

in 

CO        1> 

^ 

S 

a 

rH 
CO 

l^        CO 

0      £ 

rH 
00 

Ol  CO  ^  CO  O$ 

rH  rH 

1 

CO 

co      m 
r-T 

T—  r 

rH 

rH 

1 

CO 

1 

in  oo  co  co  in 
o  rH  o?  co  in 

£ 

8 

T-H      m 

g 

a 

& 

8 

6    c$ 

8 

m  co  rH  co  o* 

CM  CO  rf  TJH  O* 

CO 

i 

rH 

c^      m 

»N. 

i 

O 

O 

rH 

18  § 

CO 

^f  Oi  co  o  in 
o  rH  oi  m  in 

% 

rH          1C 
0        i> 

8 

g 

s 

1^        c^ 

in      o 

rH 

00 

rH  rH 

1 

s 

m      co 

GO 

i—  T 

do 

rH 
rH 

OO 
O 

rH 

m      oo 

0      £ 

3 

^^  01  o?  c^  in 
o  rH  o?  m  m 

rH 

0? 

8 

s  s 

s 

£ 

8 

| 

k    15 

g 

§  S3  3  ?! 

1 

*H 

Oi        l^ 

o?      w 

0 

^ 

rH 

CO 

g 

2 

rH 
i—  1 
rH 

m      co 
m      co 

g 

g  g  a  §  g? 

s 

s 

Si    ^3 

P 

§ 

m 

8 

fc    S 

8 

m  rt<  O!  *3<  O? 

01  CO  T*  Tf  0? 

rH  rH 

I 

CO 

o    8 

r-T 

r-T 

m 

00 

co 

rH 
rH 

1 

m      Ci 

10    3 

g 

rt*  00  rH  O  m 

SI 

m 

O?            Tj< 

CO        t>« 

§ 

8 

g 

Oi 

«   3 

00 

O*  CO  rj<  Tt<  Ot 

rH  rH 

CO 

CO 

rH 

1  s 

r-  T 

g 

rH 

rH 

0 

rH 

»    1 

0? 

m  Ci  rH  ci  m 
o  rH  d  TJ<  in 

8 

CO 

5  a 

S 

Si 

s 

8 

m      o 

G 
O 

^r 

bfl 

•            ,£                -             J             § 

a                 o        i- 

i*     1    ;  |      1    ,  J 

^3  ^3  -a  -2i  x 

co  03  a>  ."75  O 

<  <J  PQ  pq  pq 

1 

1 

I 

c 

3 

Cambridge,  . 
Carlisle, 

^ 
£ 

6 

Chelmsford,  . 

0 
| 

I 

Dunstable, 
Framingham, 

86 


522 


APPENDIX. 


O* 


of 


^O^COO? 
^      O?       O?        CO       i—  i       CO 


»—  I"—  ll>.i—  I        i—  i 


O 
O! 


O 

r}< 


O 
O 


XI 
H 
CQ 

H 

J 
P 
fi 


O 
OJ 


l>.J>.r-t'?t<OOI>»i-( 
OOlr-lCO  OJ^ 

of 


o 


of 


o 

rHCO  Oi^rHrH 


O 


of 


-'ti—iO? 

^ 


O 
O 


of 


r^ 
OJ 


rt<rHr- 


T^iO 


of 


OilLO 
rHCO 


lO 
Oi 


^ 


g, 


i  i  i 


: 


APPENDIX. 


523 


i 

S 

rH 

1 

10 

rH 
CO 

1 

1 

£ 

S 

8 

•«*   CO   l>» 
OO   CO   CO 

E 

1 

1 

rH 
rH 
rH 

$ 

CO 

CO 

oo 

rH 

S 

1 

rH 

I 

1 

i 

rH 

2 

os 

S  s  S 

s 

rH 

s 

rH 

3 

is 

rH 

8 

S 

1 

rH 

rH 

3 

rH 

IO 

rH 

CO 

1 

rH 

a 

8 

§ 

a  8  i 

g 

CM 

§ 

i 

rH 

S 

rH 

CO 

S 

§ 

8 

g 

o 

oo 

1 

1 

rH 
CO 
rH 

a 

8  £  § 

rH         CO 

rH 

fe 

rH 

& 

I 

8 

S 

1 

1 

1 

rH 

CO 

S 

8 

rH 

R 

OS 

oo 

00 

•^   cp  co 

GO   CO   t^ 

i 

O 

rH 

i 

0 

rH 
rH 

3 

S 

I 

* 

1 

a 

1 

8 

S 

% 
rH 

fe 

28  £  8 

rH        CO 

CO 
rH 
rH 

rH 

S 

S 

8 

S 

1 

0 

«H 
rH 

rH 

co 

rH 
CO 

1 

S 

rH 

8 

fe 

8 

00   CO    fcO 

§ 

rH 

i 

CO 

rH 
rH 

a 

8 

I 

rH 

i 

rH 
rH 

1 

1 

1 

§ 

S 

S  8  i 

CO 

o 

rH 

CO 
O 

rH 
rH 
rH 

8 

rH 

a 

S 

1 

O 
rH 

rH 

CM 

rH 

rH 
CO 

1 

8 

rH 

a 

8 

8 

S  8  | 

1 

0 

§ 

rH 

rH 

00 

8 

rH 

rH 

8 

8 

00 

1 

i 

8 

rH 

3 

1  fc  i 

1 

rH 

8 

rH 

8 

R 

8 

1 

O5 
rH 
rH 

rH 
rH 

CO 
CO 

i 

rH 

8 

S 

8 

a  8  g 

O? 

1 

i 

JO 

O 

rH 

CO 

| 

8 

& 

rH 

1 

1 

^ 

£ 

§ 

rH         CO 

05 

S 

rH 

g 

rH 

£ 

S 

I 

I 

C* 

rH 

rH 

CO 
rH 
CO 

1 

1 

a 

$ 

8 

«  «  I 

1 

O 
rH 

i 

0? 

—* 
rH 

S 

8 

| 

3 

| 

rH 
rH 

1 

1 

o 

rH 

S 

a 

§  fc  1 

*>. 

O 

rH 

i 

rH 

a 

O 

1 

O 

rH 

CO 
rH 

co 

CO 

§ 

rH 

8 

£ 

8 

a  8  i 

g 

O 

1 

rH 
rH 

rH 

OS 

rH 
CO 

rH 

9 

§ 

g 

g 

I 

§ 

rH 

rH 

8 

S  fc  1 

O 
rH 

§ 

CO 
OS 

CO 
rH 

8 

CO 

&B 

oT 
bo 

1 

a 
o 

PH 

Sherborn, 

12 

GQ 

Somerville, 

_c 
o 

1 

Stoneham, 

oT 

* 

02 

S 

-Q 
3 

Tewksbury, 

Townsend,  . 
Tyngsborough 
Waltham, 

Watertown,  . 

Way  land, 

West  Cambric 

Westford, 

cf 

OQ 

I 

Wilmington,  . 

524 


APPENDIX. 


•a 

d 

rH        CT 

o^ 
CT" 

rH 

CO»-HOJ»HCOi-(COOO'^ 
^COrHCOT}<I^O5CO^ 
rH  rH  CT  i—t 

£ 

I 

i  s 

§ 

cT 

2J£S2£:ooo''H<'*Qo 

OCOCTCOO«HO5O5rH 
CT  rH  rH  CT  rH  CT  CT 

^ 

i 

s  i 

1 

COOCTCTCOrHCOOOCO 
•^COrHCOTf*CTOiCOb» 
rH  rH  CT  rH 

1 

i 

S  1 

s" 

CTOiOCOOOOrH-^CO 
^SrHCTrHCTaSCi'~l 

CO 

o 

GO        Oi 
CO        CT 

rH          CT 

•«* 

rH 
r-T 

CO  O5  O?  rH  CO  O5  ^^  00  OO 
•rfVnrHCOT}<COO5COCQ 
rH  rH  CT  rH 

* 

03 

0 

00        O 

s    % 

cT 

i  s  s  §  i  i  s  s  § 

«i 

d 

CO        in 
CO        CT 
rH         CT 

I 

PH 

^^  in  o^  ^^  co  05  ^^  oo  o? 

rfCOrHCOTj<COCiC01> 

^ 

s 

CO        CO 

§ 

cT 

rH 

W 

H 

O^rHrHCT  CT^^CT 

. 

1 

in      o 

rH         CT 

1 

rH 

O 

PH 

rH  rH  CT  rH 

a 

CO        !>• 

rH         CT 

O 

CO  O5  ^^  CO  ^^  ^^  rH  ^f^  CO 
^^  CO  Ol  CO  C^  O?  O5  O5  rH 
CT  rH  rH  CT  rH  CT  CT 

•i 

o 

rH         CT 

I 

PH 
0 

CO  O?  O?  *^  CO  rH  J^%  ^5  oo 
rH  rH  CT  rH 

* 

a 

O5        CO 
rH         CT 

i 

H 

0^0^58^So1r2 

Ol  ^^  ^^  Ol  i^  O«  Ot 

eS 

o 

§     1 

CT 

I 

rH 

COOCTCTCOOinOOOO 
rfCOrHCO^l^05COl>. 
rH  rH  CT  rH 

^ 

3 

J^          HjH 

rH         CT 

1 

cT 

O 

o 

COOiOCOOr-^CT^fCO 
CT  rH  rH  CT  rH  CT  CT 

6 

CT        CO 

rH          CT 

8 

COrHCOCTCOrHinCOO5 
rH  i-H  CT  rH 

0 

W 

h 

i     § 

o* 

rH 

CT  rH  rH  CT  rH  CT  CT 

, 

e 
§ 

a 

< 
1 

> 

4 

Winchester, 
Woburn, 

£ 

i—  i 

§                                     ^ 

c        '        -       *        '       o               c      -3 

111  g  1  1  1  1  1 

(n^SRJO-SooS 

<3<J<5pqpQpQWPQW 

APPENDIX. 


525 


$  %  8 


i— I        IO        O 
GO        IO        *O 

ot 


g    8    §    3 

Ot        rH        tO        W 


O 

Tj< 


8    8 


o      10 

GO         *O 


>O        Tf< 
CO        GO 


GO         rH         IO 
rH         *0         O* 


S    8 


e  s 


CO        CO        O 
CO         CO         rH 


CO 


00 


iO       Ci       CO 


O        ^ 
CO        !>• 


T* 
GO 


e  s 


g 


GO        CO        O 

-*         rH         O 


O        O 

Tf<          Tf< 


05 


i-H         i-H         CO 


COC$0 
i-H         i— (         Cl 


—  rH  CO 
r^  iO  rH 
rH  10  0? 


GO 
W 


CO         i-H 

"    8 


S    S 


g    S    S5    §    S    S 


!>. 


CO        CO 


Oi          »H          rH          CO          rH          f>» 

CO          CO          O          CO          Tf          r* 
Ol         CO         rH          rH         CO 


&     g 


l>.        CO 

CO        GO 


co 


s  s 


58 


co      co 

CO        GO 


10         O*         CO         rH         rH         rH 


f  1  1 


I 

I  I  I  I  I  I 


-  C        & 

!    S    s 
i    8    s 


1  1 


526 


APPENDIX. 


00 

t 

00 

IO 

rH 

6  s 

S      £ 

•H         rH 

i^      os 

rH 

*  s 

8 

8 

rH 
i> 

rH 

a 

S    S 

o 

K 

$ 

1 

8    | 

rH         Ol 

CO       CO 
rH         OS 
rH         CM 

a  g 

8 

CM 

rH 

6 

rH 

1    8 

i 

S 

rH 

r^     t^ 

^  s 

Tj<         IO 
»O         O 
rH         rH 

l^        OS 

rH 

•^        00 

T-4 

8 

8 

rH 
rH 

8 

8    S 

6 

i 

OS 
CM 

StO 
CO 
rH 

00        00 

CO        CM 
rH        CM 

CM        CO 
rH         rH 

8 

§ 

S3 

CM 

rH 

1    - 

«5 

6 

g 

to      o 

rH 

CM        O 

rH         rH 

r^     co 

T}<          rH 

-^         00 
rH 

8 

£ 

1 

S 

OS        O 
b»       tO 

0 

1 

1 

rH 

CO        OS 
tO        CM 
rH         CM 

CO        CO 
rH        CM 

to      co 

rH         rH 

8 

rH 

OS 
00 

S 

Tt<          00 

8    * 

in 

1 

rH 

S    g 

1    S 

rH 

^      o 

0 

rH 

8 

00        IO 

1 

S 

§ 

rH         00 

co      »o 

tO        CM 

CO        tO 
rH          OS 
rH         CM 

rH         rH 

s? 

rH 
•^ 
rH 

fe 

s 

rH           <**• 

1 

8 

18      § 

to      co 

to      o 

rH          rH 

J>        CO 

rH 

•*         00 
rt         O 
rH 

8 

g 

g 

rH 

8 

8rH 
IO 

o 

fc 

s 

OS 

S       £ 

rH 

S  S 

co     co 

rH         CM 

CM        CO 
rH          J^* 

rH         rH 

s 

§ 

88 

CM 

rH 

CO        OO 

o      os 

n 

o 

1 

IO          O 

rH 

%  X 

rH          rH 

^^         J^ 

tO        CM 
rH 

OS         rH 
Tf          r-i 
rH 

g 

^ 

rH 

S 

O        !>. 

oo      10 

* 

s 

i 

§    | 

3  i 

rH         00 
rH         CM 

TJH        CM 
^^       t^ 

8 

1 

% 

1 

1  a 

d 

s 

IO        O 

to     -^ 
to      o 

rH         rH 

l>.        CO 

Tf         rH 
rH 

^        00 

s 

S 

| 

s 

00        IO 

o 

i 

i 

CM        to 

CO        CO 
rH 

rH         CM 

co     to 

rH          OS 
rH         CM 

CM        CO 
rH         <  >. 
rH         rH 

s? 

rH 

88 

rH 

1  - 

i 

s 

rH 

to      to 

to      o 

00        OS 

rH 

rH 

8 

8 

s 

8 

O         rH 
00        IO 

i 

1 

CM        to 

CO        CO 
rH 

t^        00 

CM        CO 

rH          Oi 

CM       to 
r^         t>» 

* 

1 

00 

1 

CM      r» 

O        OS 

a 
5 

& 

i 

<£ 

2" 
'03 

S 

> 

D 
£ 

S 

New  Braintre 
Northborough 

Northbridge, 
North  Brookfi 

!i 

6   o 

Paxton, 
Petersham, 

£ 

'£. 
PH 

Princeton, 

cf 

£ 

I 

Shrewsbury, 
JSouthborough 

APfENDIX. 


527 


OOi-! 


S    8 


J>        Ci        CO        O 
CM        Gi        ^        GO 

Ci         rH         i-^         rH 


8 


§ 


CO        00 
CO         G? 


8 


CO        OO        OO        CO        i>        Tj* 


8    8 


rH          CO 


>O 


of 


C5COiOC*OOa>COi-HCOO? 
Ol>.COTfCOOOOiCOCi 


•^      co      oo 

i-O        CO        ^^ 
rH         i-l          O 


CO 


8 


rH        CO        Tt<        O 


Oi         CO        00        (M 

•^  O  TH  i-H 


of 


SI 


CO        IO        rf         IO        O        O        i-( 
rH         £*•%         ^^         "^         ^t^          f™1         ^H 


7*     ®     t> 

»O         CO         ^T 
i-l        I-H        O 


T*  0{ 

%      ol 


O  CO  Ol 
O  rf  OO 
d  ^H  rH 


CO        0? 


of 


1— I         1— I 


S  1 


55        00        S        8 


8    2    g 


O  CO  00  Oi 
O  rf  OQ  i-i 
O?  i-l  r-l  d 


§ 

i-H 

of 


of 


-o      5 
be     •£ 

S       .       o         .       oT  ^      o      f. 

s  .5  i  f  iU  t  i  1  1  * 

P       'S       "S  obS4=>cotQ 

oj^gtic-^^KjajiDo 

C&MWMH&t3&^&& 


528 


APPENDIX. 


r^Oi 
<M!        i—  1 


C)»O 


r^ 
CO 


!>»Ci 
O?rH 


s  g 


APPENDIX. 


529 


^ 

CO 
IO 

IO 

1 

00 

SI 

Tf 

o* 

rH 

s 

of 

00 

CO 

!5 

§ 

CO 
rH 

co 

Ol 

8 

to 

to 

O3 

of 

8 

CO 
IO 

10 

§ 

1 

SI 

s 

rH 

1 

of 

O3 

CO 

* 

§ 

rH 

s 

Ol 

s 

| 

O3 

CO 

of 

03 

IO 

to 

IO 

0 

GO 

- 

ol 

rH 

rH 

CO 

§ 
of 

O 

C5 

s 

8 

CO 

r-i 

1 

§ 

S5 

rH 

CO 
03 

CO 

of 

O? 

CO 

to 

IO 

rH 

1 

00 

SI 

J* 

rH 

rH 

00 

of 

88 

* 

8 

rH 

rH 
CO 

Ol 

8 

8§ 

O3 

i 

of 

i—  * 

CO 

CO 
IO 

to 

rH 

CO 
O 
rH 

00 

SI 

SI 

IO 

JN. 

Ol 

rH 

1 

of 

£ 

5S 

8 

»o 

rH 
rH 

§ 

g 

2 

§ 

00 
CO 

of 

SI 

8 

8 

rH 

O 

CO 

§5 

SI 

CO 
Ol 
rH 

CO 
Ol 
rH 

co~ 

CO 

§ 

O3 

o 

rH 
rH 

IO 
Ol 

ft 

rH 

O3 

to 

00 

IO 

of 

§8 

8 

rH 

CO 

o 

rH 

s 

SI 

w 

§ 

o 

a; 

of 

8 

ft 

GO 

C* 

JO 
rH 

o 

° 

8 

rH 

8 

co 
of 

rH 

O? 

8 

rH 

rH 

1 

SI 

IO 
O* 

Ol 

rH 

of 

88 

t>. 

8 

rH 
i—  | 

1 

8 

£ 

rH 

§ 

% 

co 
of 

Plainfield, 

o 

o 

1 

PH 

w 

0 

02 

Southampton, 

f 

Westhampton, 

Williamsburg, 

Worth  in  gton, 

23  Towns,  . 

H 
P 


P 

O 

o 


CO        C3 
00         *-H 


Ol  rH 


O        O 


Ol        Ci        O        O        i>» 

00  rH  O?  O  Ci 


o      o 


GO  rH  rH 


rH          rH1          CO 


IO        CO        T*        GO         O        O 

Ol  rH  OO  CO  TJ*  -* 

rH          rH  CO          rH 


01        •<*        0?        O        O 

rH  00  •£  "*  ^ 

rH  CO         rH 


GO         i^         »>• 

oo      Oi      co 


ol      S 


o      o 


co      01      o 

OO         CM         Ol 


-*        00         -H        00         O        O 

r- 1  O  00  r- 1  Tf  T^ 

rH         rH  CO         rn 


to        CM        T* 

C*  rH  GO 


o*     o      o     i>»      t"*     i^ 

CO         —i        Ol         O        Ci         CO 
rH         rH         CO 


O?         TH         CO         O         O 
rH  CO         rH 


37 


1  s" 

^  «S 

J  I 

w  PP 


<D 
S  S, 

!  I 

^     o 


530 


APPENDIX. 


i 

S 

xo 

R 

i^*   ^^ 

i>    rH 

rH 

O!   rH   O 

in    rH    CO 
rH 

OS 

CO   Oi   Ci 

o 

rH 
rH 

oi 

i 

i 

rH 

rH 

Oi 
O! 

8  8 

0    00    CO 

*i   Oi 
!>% 

CO     rH     CO 

rH   rH 

Oi 
rH 

l-H 

CO 

co" 

. 

A 

rH 

3 

S 

rH 

in    rH    CO 
rH 

i   ^ 

CO   O   O 

0  8  gg 

0 
rH 

1 

ft 

a 

Oi 

rH 
Oi 

8 

rH 

8  CO 

rH 

O    CO    CO 
O?         rH 

Oi 

m   r-  1  co 

rH   rH 

S 

co" 

50 

d 

g 

co 

rH 

CO 

lO  O 
!>•  rH 

rH 

rH    CO    rH 
1C    rH    CO 
rH 

|   « 

o   r^   o 

rH   m   Ot 

rH    Oi 

Oi 
0 

rH 

00 

of 

ii 

£ 

rH 

Ci 

00 

oi 

rH  CO 
rH 

in   GO   co 

O?         rH 

GO    Oi 

o^  l^ 

in   I-H 

S 

co" 

d 
ft 

g 

fe 

z 

CO  O 
1>»  rH 

l-H 

10    S    CO 
rH 

CO   rH 
^ 

rH    l>»    Oi 

0 
rH 
rH 

I 

to 

i 

0 

CO 

rH 

8  g 

00    ^H    rH 
rH    CO   CO 
0*         rH 

rH   i>» 

r*   Oi   Oi 

rH   CO   i^ 

§ 

I 

d 

rH 

00 

CO 

J^  0 
i>*  rH 

in    rH    CO 

m   rH 
Ci 

CO   Is*    Oi 
OI   Oi 

Oi 
O 
l-H 

1 

of 

* 

S 

rH 

8 

00 
rH 

8  8 

rH 

rH     rH    rH 
1C    CO    CO 
OJ          rH 

m  GO 

Oi 

1O   1C   rH 
rH   GO   J>» 

TJi    rH 

rH 

«l 

CO 

CO 

^ 

d 

ft 

g 

8 

S 

Oi  O 

i>  rH 

rH 

CO    rH    CO 
rH 

CO    00 
00 

rf   rH   Oi 

O 
rH 

1 

co" 

a* 

S 

rH 

e 

CO 
CM 

1^  CO 

CO  CO 

O    rH    O 

c$  °°  S 

Oi   1> 

rH   rH 

rH 

rH 

co" 

I 

1 

g 

r? 

s 

1s*  ^^ 

i^  T1—  1 

rH 

W    rH    CO 
rH 

s  ^ 

CO 

OI   Oi 

1 

of 

ft 

oi 

m 

Ci 

rH 

8 

rH 

8  S 

Oi    rH    O 

rH   00   CO 

OI          rH 

O   Oi 

Oi 

in   co  rH 

rH   rH 

rH 

GO 

co" 

^ 

4 

rH 

9 

B 

it^  O 

!•"»  rH 

rH 

CO     CO     rH 
l-H 

o   w 

CO   O   O 
CO   C*^    C^ 

O 

CO 

of 

* 

$ 

S 

I 

1 

rH 

1  8  S 

S  53 

Oi 

10   Oi   CO 
T*    CO   i> 

Tf    rH 

Oi 

1 

a 
fa 

'a? 

I 

> 
* 

oT 

o 
'o 

ffi 

Longmeadow, 

fcT 

J5 

T3 

5 

Monson, 
Montgomery, 

^sT 

o 

»  ^  I 
1  S  1 

13     =5     0 

PH   tf   02 

Springfield,  . 
Tolland, 

Wales,  . 
Westfield,  . 
West  Springfi 

Wilbraham, 

1 

APPENDIX. 


531 


rH 

88 

22 

8 

—  , 

CO 

| 

Ob 

rH 

o? 

8 

1 

o 

GO 

GO 

§ 

8              o 

rH 

JH 

0 

8 

0* 

£ 

| 

c3 

8 

§ 

10 

8 

o? 

CO 

10 

rH 
rH 

GO 
GO 

£ 

8 

§ 

GO 
GO 

rH 

rH 

rH 

CO 

1 

s 

8 

CO 

to 

%  ™  1 

5 

i—  1 

to 

0 

£ 

rH 

(M 

£ 

£ 

G^ 

s 

CO 

-f 

£ 

i-H 

B 

o? 

1>»        OJ         CO 

£ 

rH 

to 

GO 

GO 

8 

rH 
CO 
rH 

GO 

rH 

rH 

rH 

CO 

8 

8 

3 

CO 

Gi        tO        CO 
<M                     0 
rH 

1 

rH 

£ 

| 

rH 

UO 

§ 

| 

8 

9 

8 

rH 
to 

rH 

rH 
rH 

J>.          1O          -H 

2 

CO 
rH 
rH 

O 

Ol 

& 

a 

rH 

co 

rH 

GO 

O 
O 

rH 

rH 

8 

GO 
»O 

O 
GO 

8 

CO 

to 

Ci      to      Ob 
c?              o 

rH 
rH 

rH 

§ 

CO 

rH 
0? 

g 

GO 

s 

c3 

rH 
to 

9 

S 

§ 

rH 

rH 

^    3    8 

CO 

PH 
rH 

& 

£ 

8 

s 

rH 

rH 

rH 

c* 

-H 

rH 
CO 

O 

c^ 

O 
GO 

to 

CO 
to 

O         to        GO 
O?                    O 

rH 

rH 

i-H 

CO 
0 

to 

O 

CM 

to 

GO 
O 

c3 

to 

3 

Ob 
to 

to 

rH 

rH 
rH 

j>      to      o 

t>        C*        CO 

CO 

rH 

rH 

§ 

GO 

a 

i-H 

CO 
rH 

S 

rH 

a 

rH 

rH 

CO 

s 

So 

s 

CO 

to 

O         O         GO 
(M         rH         O 
rH 

rH 

co 

1 

CO 

s 

R 

S 

g 

to 

O 

to 

rH 

g 

rH 

1>*        Oi        O^ 

CO 

rH 

rH 

8 

GO 

a 

co 

rH 

GO 

rH 

rH 

C-J 

CO 

1 

§ 

8 

8 

Ob        to        00 

&l                     O 

rH 

^ 

r^       I 

£ 

1 

CO 

co 

£3 

B 

| 

i 

8 

«o 

1 

r—  1 
to 

•H 

rH 

GO      to      Ob 

1^        CM        CO 

CO 

to 

rH 

8 

B 

8 

CO 

Ob 

GO 

i 

rH 

CO 

1 

8 

8 

S 

Ob        to       00 
CN?                  ^^ 

rH 
rH 

JH 

§ 

£ 

—  i 

J2 

£ 

CO 

8 

ss 

1 

8 

B 

2 

GO         to         Cb 
t>.         d         to 

CO 

rj 

i 

Bernardston, 

Buckland, 

Charlemont,  . 

Coleraine, 

f 

1 
o 

Deerfield, 

M 

H 

o 

Greenfield, 

5 
ffi 

1 

M 

I 

03 

oT 
'S.      c       « 

5~  s   1 

cu 

02 

0 

532 


APPENDIX. 


QO^Cii^OGO 
OOCiOOOCO 


CO         1>- 

OO 


CO         1^         GO 


O001O 
OJCOiO 


CO 
1—  1 

c 


10 

of 


rf 

of 


CO 

o 


of 


w 


CO" 


1     1 


w 
rt 
w 

PQ 

fe 
o 

t* 

EH 


O 
O 


Of        O* 


%    53 


01        CO 

£  <° 


S    8 

I  s 

6?      o? 


0* 


S      ^ 

ed        ,0 

TD      X: 


APPENDIX. 


533 


co      e*      co 

T-I        CN        l> 


8    S    8     '     ^    £    fe    8 

CM          rH  rH 


rHCOC^ 
r-l         <M          rH 


~i 

CO        *0         CO 


§  2 


CO'-i 
(M          rH 


I      J> 


CO          -H 
IO         CO 


J^        CO        If) 

O        rji        CO 


O        CO        O?        O? 
O5         rH         C^J         CXD 


CO 


lOOO 


COrH 


CO 


00 
O? 


rH  !>.  O  O 

CO  rH  Oj  O? 


CO 


COrH 


cot>.<rj 

COOCO 


oo      10 

CV?          Gi 


-H         C5        O 
CO          rH          Ci 


S        £        ^0        CO        S        2        fe 


o      -H      co '     a> 

(M         CO         rH        GO 


CO  t>.  rH 

CO        »O         CO 


CO 

co 


C!CO(M 
rHO{rH 


-a 

3 
O 


CU  3 

I  I  I  1  £ 

O) 


§    S    -s 


|D  g> 

:  1  I  I 

t  -  <  I 


5   s 


534 


APPENDIX. 


CO 

3s 


(7\{ 


co 


CM 


.  •  . 
S      5 


APPENDIX, 


535 


CO 


CO        Oi 


r? 

Tf 

CM 

cv 

05 

o 

r-( 

0 
^T1 

8 

10 

Tf 

1—  ( 

^ 

rH 

rH 
rH 

8 

CO 

rH 

rH 
rH 

£ 

CO 

<* 

K 

o^ 

r-  r 

8 

rH 

8 

r—  1 

S 

2 

S 

1 

T^ 

^ 

S 

CO 

ot 

rH 

CO 
1O 

rH 

GO 

•^f 

IO 

rH 

CM 

6 

1^ 

rH 
i—  ' 

rf 
% 

GO 
§1 

1 

9 

Tf 
CM 

S 

co 
o5 

O 

1—  1 

tN. 

o 

•^T1 

i 

s 

^ 

rH 

3 

rH 

CN 
rH 

O 
O 
CM 

i 

l^ 

r-  1 
rH 

GO 

IO 
CO 

8 

Tf 

S 

0^ 

CO 
CO 
rH 

8 
rH 

E 

fc 

i—i 

s 

3 

CM 

10 
•^ 

co 

00 

1 

t>. 

10 

Oi 
•^ 

CO 
CM 

Oi 
Oi 

1^ 

rH 

l^ 

85 

0 
CM 

!>. 

3 

CM 
^T 

O 

CO 

10 

| 

CO 

o 

1 

rH 
O 

s 

00 
"3< 

"* 
•^ 

§ 

£ 

S? 

CO 

oS 

CO 

§ 

rv 

S 

OS 

*o 

o 
00 

i 

1C 
IO 

i 

1 

CO 

-3< 

C5 
CM 

C5 
1O 
rH 

S 

Oi 
§1 

1 

!>. 

rH 

CO 

% 

** 
CM 

GO 
IO 

•^r1 

rH 
Tt1 

I 

CM 

8 

rH 

i 

rt< 
^ 

"tf 

1—  1 

r—  1 

CO 

s 

CO 

Tf 

rH 

CM 
IO 
rH 

rH 

rH 

"'* 

rH 

CO 
rH 
rH 

10 
^ 
CO 

GO 
^ 

o 
o^ 

rH 

CO 

rH 

s? 

1—  1 

Oi 
1> 

O 

CO 
rH 

rH 
CO 

r>. 

•^ 

Oi 

1 

0^ 

O 
CO 
rH 

rH 

IO 

O 
IO 

CO 
CM 

i 

t>. 

rH 
rH 

o 

% 

Oi 
CO 
CM 

S 

CM 

"tf 

1 

1 

| 

S 

i—  ( 

0 

8 

CO 

s 

t^ 

Tfl 

•^ 
•^ 

rH 

S 

8 

t^ 

% 

1 

r>. 

i—  r 

8 

rH 

s 

rH 

00 
J> 

1 

CO 
IO 

Ci 
•Tf 
0? 

10 

CM 

•rf 

9 

| 

OS 

10 

rH 

§ 

1 

CM 
O 

t^ 

rH 

,^v 

i 

§ 

-3H 

GO 
Tf 

10 

^F 
0? 

£ 

§ 

CM 

rH 

o 

rH 

Ci 
•"71 

1 

s 

^ 

rH 

8 

rH 

rH 

CM 

rH 

8 

CM 

£ 

rH 

GO 
rH 
rH 

s 

CO 

CO 
•^ 
rr1 

CO 
GO 
0^ 
r-T 

rH 
CO 
rH 

1 

fe 

£ 

T—t 

§ 

a 

CM 

1 

0^ 

S 

CO 
rf 
rH 

o 

T* 

1 

8 

S 
rH 

o 

s 

S 

CM 

CO 

^5 

•^ 
"t1 

9 

CM 
CM 

GO 
OS 

o 

0 

^ 

O 

!§ 

s 

l^ 

•rri 

| 

rH 
rH 

g 

rH 
CO 

t^ 

i—  ( 

§ 

% 

fc 

r4^ 

S 

fc 

rH 

£ 

8 

rH 

§ 

1 

i^ 

rH 
•<* 

8 

8 

rH 

Jo 

rH 

O 
IO 

GO 
CM 

rH 
O 
rH 

1> 

rH 

% 

CM 

CO 
CM 

^ 

•<* 

CM 

^ 

00 
T}< 
CM 

1 

1 

o 

TH 

co 

r—  I 
^ 

1 

Oi 

10 

00 
TJ< 

rH 

00 
"f 

r-  1 

rH 
rH 

1 

IO 
CO 

t^ 

rH 

GO 
1 

•^ 
rj< 
"tf 

IO 
GO 
0^ 

1 

g 

s 

Tt* 

IO 
rH 

o 

10 

§ 

O 
r-l 

^t1 

CO 
00 

3 

rH 

IO 
10 
rH 

Oi 
rt< 

»O 
— 
CM 

£ 

h* 

rH 

i 

CM 

1 

Bellingham, 

Braintree, 

Brookline, 

cf 
2 
"c 

cd 

O 

Cohasset, 

1 
J3 
•T3 
Q 

n 

Dorchester, 

£ 

o 

Pi 

Foxborongh, 

Franklin, 

Medfield, 

fr 

& 

TJ 

a 

| 
S 

Needham, 

f 

£2 

<§ 

Randolph, 

Roxbury, 

536 


APPENDIX. 


00 

i 

s  i  i  §  §  § 

o 

CO 

co" 

o 

i 

CM    Ci    <-H    GO   O    CO 

rH     Ci     "<•*<     CO     O     i>» 
rH    CM    rH          ^    rH 

1 

. 

0 

O    OO    GO    CM   *>•   CM 

rH    IO    0    i>    rH    CO 
rH   CM    CM    CO   -*    CM 

1 

co" 

o 

fe 

a! 

O?    CO   Ci   CO   Ci    CO 
£    CO    2          CO    rH 

1 

1 

SrH    00    —  I    CO    O 
co   o   co   o   co 

rH   CM    CM    CO   "*    CM 

0 
CO 

o 

1 

»O    O   O   Ci    O    GO 
rH    CO    rH         T^I    rH 

GO 

s 

10 

o 

§^t*    iO    GO    Ci   CO 
r*i    O    CO    Ci    CO 
rH    CM    CM    CO    CO    CM 

GO 
00 

rH 

co" 

fe 

s 

CO   **   CO    d   1^    O 

rH    CM    Tj<    J>    i-H    t-» 

rH    CO    rH         -^    rH 

! 

-* 

1 

co   Ci   r^   CM   m   rH 

O    1C    O    l>-    rH    O 

rH    CM    CM    CO    "tf    CM 

o 

Ci 
CM 

co" 

^0 

1 

t^    CO    O    GO    rH    O 
rH    i-l    -3<    CO    O    l>. 

rH    CO    rH          T^    rH 

Ci 

rH 

« 

6 

rH    CM    CM   CO    ^t1    CM 

CO 

0 

1 

•^    O   OO    CO   O    O 
rH    o   CM    CO    OO    i>» 

rH    CO    rH          CO    rH 

S" 

d 

I-H    -^    GO    O    CO    O? 
S   %   %   CO   5   £ 

CM 

i 

i 

CO   CM   Ci   O   O   »O 

»-  1    rH    CO    1»    O    i>- 

rH    CO    rH          Tf    rH 

rH 

i 

rH    T*l    GO    CO    •*    CM 
rH     CO     O     l>-     Ot     CO 

rH   CM    CV   CO   ^    CM 

CO 

oo 
co" 

I 

•f    Ci    Ci    CO    -H    -* 

r-i   o   co   co   Ci   r^ 

rH    CO    rH         CO    rH 

1 

i 

! 
1 
[ 

6 

5  * 

> 

3 
,-JD    f?    +* 

=r  I  |  «  !  1 

0      tD     OH     -W             (5 

1  1  1  1  i  1 

1 

o 

R 

"*    I-H 

o 

rH 

0 

g 

CO 

O   O 

CM 

1 

i 

o 

CO 

CO   l>» 

CM 

O 

i 

oo 

0    0 

i>%   T^ 

CM 

O 

Tf 

s 

CO 

^  CM 

0 

Ci 

1 

CM   0 

CM 

10 

0 

1 

J 

s 

CO 

CO   IN. 

CM 

o 

I 

o 

H 

rn 

s 

CM    O 

§ 

1 

rH 

I 

CM 

o 

rH 

O 

pp 

PH 

1 

CO   O 

CO 

o 

i 

0 

CO 

CO   t^ 

CM 

0 

§ 

H 

§ 

O   O 

§ 

rH 

i 

C 

s 

CO 

1O   !>• 

0 

GO 
Ci 
rH 

CO 

0   0 

s 

1 

1 

00   t>. 

•TJ<     1—  ( 

1 

i 

1 

GO   o 

rH 

1 

Attleborough, 

Berkley, 
Dartmouth,  . 

C 
£ 

S 

IB 

APPENDIX. 


537 


CO 

to 

s 

CO 

to 

-^ 

g 

00   CO   GO   CO    rH 

i  fe 

GO 

1 

o 

•3 

GO 

to 

OS 

o 

| 

OS 

to 

OS 

5  s  3  -  s 

CO    CO 

^ 

r-T 

to" 

CO 

1 

8 

§8 

1 

rH 

i 

O>   J>   t^   -^t1   O? 
GO    CO   GO    CO    — 
rH          >-H    rH 

GO   ir^ 

GO    CS 
GO 

8 

c\ 

o 

GO 

CO 

S 

§ 

§ 

OS 

to 

1 

OS    l^.     -H    rH    CO 

^  s 

o 

3 

CO 

i 

8 

CO 

o 

rH 
rH 

s 

O?    CO    to    TH    OJ 
00   CO    GO    CO    rH 

rH           rH     rH 

%  fe 

oo 

1 

o 

8 

GO 

05 

to 

CS 

GO 

to  . 

GO 

OS    GO    CO    rH    CO 

£ 

3 

CO 

1 

to 

CO 

£ 

GO 

s 

to 

rH 

GO 

O?   l>«   O   r^   OJ 

GO    CO    CS   CO    r-  1 

rH           rH    rH 

CO 

00 

o 

1 

8 

o 

s 

88 

GO 

^    IN.    J>.    -H    jvj 
•Tf    ^J<    CO    rH    OS 

s  s 

GO 

§ 

1—1 

CO 

c> 

8 

CO 

1 

rH 

GO 

00    CO    00    CO    rH 
rH           rH    rH 

l>.  t^ 

GO    CS 
CO 

8 

o 

00 
10 

i 

OS 
OS 

8 

OS 

00    t>-    rH    rH    CO 

to   to 

c^ 

3 

to" 

GO 
CO 

•to 
OS 

to 

CO 

CO 

§ 

CO 

§ 

CO   CO   O   ^   O? 
GO    CO    O    CO    rH 
rH    rH    rH    rH 

rH    1> 

8  °> 

rH 

to" 

GO 

CO 

£ 

s 

§ 

£ 

OS 

to 

g 

^0    CO    ^    rH    g* 

CO   1O 

CO 

3 

-.? 

CO 

i 

3 

8 

CO 

w 

-H 

rH 

GO 

rH 

c$   i^   j^*   ^-f   oj 

GO    CO    00   CO    rH 
^^          r—  1    i-H 

55   cs 

CJU 

1 

OS 

o 

- 

to 

rH 

s 

8 

8 

S 

S     ^     ^     ^     g§ 

§  s? 

g 

3 

rr" 

CO 

GO 
OS 

8 

CO 

CO, 

CO 

GO 

OJ   1^*   !>•   ^   O? 

00    CO    GO   CO    -H 

GO   l>. 

00    CS 

1 

Tf 

o 

8 

0 

§ 

os 

s 

R 

CS    l>»    rH    rH    CO 

OS    rH 

S  12 

O 

3 

to" 

Fairhaven, 

<D 

1 

Freetown, 

Mansfield, 

T3 

o 

PQ 

h 

0 

1 

1 

Pawtucket, 

B*  -if  v*  ^f  >; 

2    o    a    tn    o 

43    ^3     o     S     N 
S     0     2    0     H 
>•»   -G    "m         d 

*      CD      Jy      5      ^ 

tf   PH   O2   O2   02 

c   -g" 

S    ^Q 

Z5    Q^ 

s 

o 

cs 

rH 

38 


538 


APPENDIX. 


i 

d 
ft 

!>.   »O 

*co   c^ 

CO   CM 

2  w 

CO    rH   GO   Oi    CO    CO   CO 

" 

10 

•H 
CO 

1 

os 

0 

o 

to 

& 

O   GO 

CO   CO 
XO    rH 

"*   00 

S  S 

•«*  o  O5  •<*  GO  r>.  o 

(M          rH    rH    CM          rH 

CO 
rH 

1 

1 

cs 

6 

GO    "^ 
CO   CM 

CS   CO 

rH    J^* 

rH    rH 

GO   O    Oi    Ci   l^    CO   CO 

8 

JO 

CO 

1 

8 

rH 

0 

jl 

S  8 

JO    rn 

•^    GO 

0    Tt< 

CM    O    GO   CO    Oi   !>•   CO 
CO    !>   ^t1    CO    O        CO 
CM         rH    rH    CM         rH 

rf 

I 

I 

g 

50 

i 

1    1 

0   0? 

rH    rH 

CM                    CO         rH 

a 

CO 

CO 

1 

0 

»." 

CO    rH 

IO    rH 

i  1 

CO   !>•    IO    CO    O        CO 

§ 

i 

1 

§ 

0 

CM    CO 

%  % 

rH    rH 

GO    GO    rH    -H    -rt<    CO    0 
CM    CO    GO    O    C5    rH    CO 
CM                       CO           rH 

0 

CO 

CO 

§ 

rH 

o 

o> 

H 

i  1 

s  i 

CO   CM    IO    CO    CM    l>»    Ci 
CO   1>   T*    CO    rH        CM 

r^ 

rH 

CO 

I 

C5 
rH 

o 

8  § 

CO   CM 

rH    rH 

CM                       CO          rH 

" 

CO 
CO 

rH 

0 

CS 
O 

rH 

o 

i 

lO    rH 

O    "* 

^t*   ^^    GO    '^    Oi   l^    i-O 
CO    l>.   -^    CO    O        CO 

CM          rH     rH    CM           rH 

CO 

rH 

1 

1 

CS 

d 

CO   GO 
CO   CM 

rH    rH 

O    CM    O    -^    Ci    CO    CO 

O5 

CO 
CO 

0 

1 

o 

8 

CM    1O 
CM    CO 

iO    I-H 

T*     CO 

O    O    GO    GO    l^    J>    r-i 
CO    !>.    T}<   CM    O        CM 

CM         rH    rH    CM         rH 

rH 

i 

cs 

OS 

d 
ft 

g  i 

CS   -^ 

rH    J>. 

rH    rH 

O    CM    Ci    ^    J^    CO   "^ 
CO   !>•   i>    IO    Oi    rH    CO 

CM                  CO        <—  I 

S 

wa 

CO 

*-4 

o 

I 

o 

I 

CO    GO 

co   co 

*O    CO 

(~?    f^>   QO   CO    C^    £^   ^^ 

(M           rH    rH    CM          rH 

CO 

Tfl 
rH 

s 

CO 

1 

Cs 

„ 

0 

I   1 

S    ^ 

rH    r-\ 

O    O    O    0   GO    CO    »O 
CO    l>    GO    1O    CS    rH    CO 

0 

LO 

i—  H 

CO 

0 

I—  1 

o 

£ 

»O   CO 
CM    CO 

r^    CO 

O      Tj< 

rH   CM 

CD   CO   QO   O?   Is*   i^*   CO 

CM     ^*    rH    rH    CM          rH 

rH 

I 

rH 

s 

, 

1 

D 

^ 

"S 

1 

1 

; 

5 

H 

Abington, 
Bridgewater,  , 

^r  a 

O)    js 

1  1 

O 

w> 

rs    &  *  S  '  4 

Jr   y?   ®   c   e« 

i  1  1  1  f  i  1 

pq  ffi  M  K  |U  K  M 

Marshfield, 

Middleboroug 

Q> 
fcJD 

""2 
S 

1 
& 

Pembroke, 

APPENDIX. 


539 


r-i    XO 
rH    rH 

1 

S3  g 

CO 

c3 

XO 

rH 

1 

rH 
XO 
rH 

rH 

CO 

CM   *>. 

rH     rH 

I-H    rH 

XO 

S  g  1 

CM     rH 

Ci    ^ 

XO 
CO 

CO    O 

CO   Ci 
rH 

o 

1 

rH 

GO 
CM 

g 

£    § 

CO 

CM   "* 
CM   GO 

rH 

CM   xo 

GO 

SI 

S3  & 

rH 

i 

xo 

rH 

1 

rH 

XO 

rH 

CO 

CM   1> 

r—  i    rH 

xo 

I  1 

§   S 

rH 

CO   Ci 
CO    GO 

rH 
O 
rH 

S 

GO 
§ 

1 

o 

s.  i 

• 

CM   -* 
CM   00 

I-H 

1O   xo 

0    rH 

Ci 

CO   CM 
GO   GO 
rH 

CM 

rH 

1 

rH 

xo 

rH 

rH 
CO 

CM   CO 

rH    rH 
rH    i—  I 

xo 

O   Ci 

CM    rH 

XO   T* 
CM   CO 

9 

rH 

co   Ci 

O 

rH 

1 

1 

Ci 
CM 

g 

00    OS 

8 

CM   GO 

rH 

CO   ^H 

Ci 

GO    GO 

1 

GO 

rH 

Ci 

cq 

rH 

XO 

rH 

CO 

CM    GO 

rH    rH 
i—  1    rH 

xo 

O   Ci 
CM   2 

i  « 

CO 
CO 

8    % 

rH 

O 

0 

CO 
CO 

rH 

S 

Ci 

g 

CO    GO 

* 

&   S 

rH 

1  3 

1 

CO    CO 
GO    GO 

CO 

c$ 

S 
rH 

CO 

1 

QQ 

PH 

rH 

XO 
rH 

rH 
CO 

CM   xo 

xo 

O    Ci 
CM    rH 

§   CO 

xo 

CO 
rH 

CO    *™H 

co   ci 

o 
o 

S 

rH 

PQ 

Ci 

O 

GO    Ci 

* 

C^    £ 

rH 

xo   xo 

i-H    rH 

g 

CM 

oS   | 

i 

rH 

O 

0 

xo 

rH 

rH 
CO 

CM    GO 

rH    rH 

xo 

O   Ci 
CM   S 

i-i   CO 

1 

CO   GO 

Ci 

C5 

rH 

O^ 

H 

Ci 

8 

GO    GO 

8 

O?     T* 

CM    GO 

0   xo 

rH    rH 

1 

GO    O 

rH 

CO 

rH 

s 

rH 
rH 

rH 

CO 

CM   CO 

rH    rH 

CO 
rf 

O   Ci 

CM   S 

O     Tt< 

CM   CO 
*T 

g 

1    S 

o 
o 

rH 

CM 

rH 

CO 

o 

0 

O 

1 

g 

GO    Ci 

8 

CM   •«* 
CM   GO 
rH 

Ci   xo 

"H    rH 

rH 

CO    rH 
GO    Ci 

1 

rH 

s 

xo 

CO 

o?  *>. 

—     rH 

CO 

O   Ci 

53  2 

CM   rj< 

—  '   CO 

1 

CO    GO 
rH 

0 

rH 

CO 

1 

Ci 

8 

GO     Ci 

rH 
CO 

CM   CO 

T-l 

oT 

1 

Plymouth, 
Plympton, 

Rochester, 

Scituate, 
South  Scituat 

Wareham, 

§> 

-o 

S 

i 

& 

oT 

a 
o 

Barnstable, 

Brewster, 

f   oT 

•5  'S 

J§   § 
0   P 

2 

In 

ts   "S 
o   -r" 

1  1 

540 


APPENDIX. 


o6 

, 

£   CO   S   5   §   § 

r—  1    OJ          i—  1    rH 

I 

rH 

t 

Tf    Tfl    GO    Tt<    —  H    JO 
JO    Of    JO    GO    rH    CO 
rH    T—  i          rH 

1 

i 

CO   O?   xo   —  H   Ci   t^ 
1>    CO    CO    •<*    0   -^ 

r-i    Ol          rH    rH 

1 

o 

S 

JO    O*    JO    GO    rH    CO 
rH    rH          rH 

1 

CD 

o 

CO    ""^    "**    O    Ci    l^ 

i 

0 

I 

T*    JO    Ci    JO    rH    XO 
JO    O?    JO    GO    rH    CO 
rH    rH          rH 

o 

- 

6 

ft 

CO   **^   JO   ^^   Ci   1s* 
!>.    CO   CO   "3<   O   -rf 

rH   OJ        i—  1    rH 

I 

i! 

r*4    JO    GO    JO    rH    If} 
JO    O?    JO    GO    rH    CO 
rH    rH          rH 

GO 

§1 

rH 

0 

CO    rH    10    0    g    ^. 

1 

o 

ft 

BD 

^*    rf    GO    JO    rH    XO 
JO    O)    JO    GO    rH    CO 
l—i    i—  I          rH 

rH 

d 

CO   CO    JO    O    Ci   GO 
l^    CO    CO   ^t^    c^>   ^f< 
rH    CN!          rH    rH 

i—  r 

ft 

I 

"*    CO    GO    JO    i-t    JO 
JO    O?    JO    GO    rH    CO 

rH    rH         rH 

! 

d 
ft 

CO    ^    JO    O    Ci    GO 
rH    C^         rH    rH 

r-T 

ft 

H 

•«*    JO    GO    JO    rH    XO 
JO    OJ    JO    GO    -H    CO 
i—l    rH          l—i 

i 

d 
ft 

CO    C*    "*    rH    Ci    CO 
1>   CO    CO   rf   O    "* 
rH    Of          rH    rH 

! 

o 

s 

JO    Oi    JO    GO    rH    CO 
r-    rH         rH 

! 

fl 



• 

S 
* 

I  ^     -g  ^T 

t*T       O       -r-.                 O        P 

1  1  1  i  1  1 

O   PM   DQ   h   ^   iX 

oT 

B 

S 

CO 

rH 

O 

o 


o 

H 


CO 


O 

o 

QQ 


P, 
0 


P 
o 
o 


3    8 


Ci        ^f        CO 
CO        rj*        xo 


8 


S    8 


8 


CO        GO        CO 
rH        XO        CO 


8 


CO        O^        CO 
rH          JO          CO 


xo      co      co 

CO        ^        xo 


CO        Ci        CO 
rH          XO          CO 


8 


Si 


8 


-5  a 

fill 

S       &      J      H 

js     ^      2     co 
O      W      H 


APPENDIX. 


541 


o      g 
^     of 


, 


i  § 

GO"     cf 


C5        CO 

%    3 

O?        CO 


8    | 

of     co" 


£     °o 

i—i        L>. 

co"     co" 


^t         CO        CO 
O         O         CO 

of    of    i>r 


o*      o* 


8  £ 

of     co" 


oo"     cT     of 


O?        QO 

CO        GO 

of     co" 


O?        CO 

co"     co" 


10 


CO 


•H*  TjH  CO 

00  rH  O 

00  »O  -* 

GO"  i-r  i>r 


of     of     of 


O        1C 

8  § 

co"     10" 


too 
C5 
O^ 

o      co" 


T      ^ 

co"     co" 


Iff 

CO 


00"       rn" 


GO  CO 

rH  -HH 

O  C5 

of  of 


I  1 

of     co" 


CO        CO 


O        CO 

tf     co" 


X  g 

^1    ^ 

CO        CO 


—  O*  rH 


>o      o 

l^        CO 
Ol         rH 


o     — 


§rf 
s* 
Oi 

of     of 


CO        CO 


«  s 

o"     co" 


CO^       00^ 

of     co" 


O*        CO 
CO        O* 

co"     co" 


_c_ 


CO          rH 

10"      rf 


O        CO        CO 

§    S    2 


co" 


I  8 


o? 


CO        CO 


5        O! 

f     co" 


CO        2 

o      r^ 

co"     co" 


••*  rH  O 

^  O  CO 

co"  *£  <*p 

CO  CO  01 


*&        If}        Ifi 

§  §  s 


»o      o?      ^ 

O        !>•        CO 
O?          01          rH 


CO        CO 

o^     o 

of     of 


s 


8 


of     co      co 


•HH  CJ 

§  3 

co"     cf 


of     of     co"     co"     co" 


ot 


o? 

GO 
CO 
CO" 

CO 


OS         OS 


of 


§2    3 

°l    *°- 
of     of 


co" 


O  -HH 

O        CO 


5     § 


00     SS     J2 

Cv         CO 

cf     of 


GO  O?  CO 

C5  Ci  CO 

CO  l>-  rH 

of  co"  co" 


SB    8    ^ 

o      o      c 


«        .3 


mpden 


a   &   s   & 


1  I  f  1 

2      S      o     -c 

PH       PQ       ^       PQ 


INDEX 


ABBOTT,  JOSIAH  G.,  Memorial,  27  ;  Motions,  129,  142,  199,  277  ;  Reports,  40,  129. 
ADAMS,  SHUBAEL  P.,  Motions,  150,  239,  252,  305,  317  ;  Orders,  142,  146. 
Address  to  the  People,  292,  415-21. 
Agriculture,  Board  of,  Order  concerning,  61  ;  Report  inexpedient  on,  166,  (Document  No. 

94) ;  considered  in  Committee  of  the  Whole,  and  accepted,  188. 
Alcott,  Mrs.  Abby  B.,  et  al.,  Petition  of,  61. 

ALDRICH,  P.  EMORY,  Leave  of  absence,  80  ;  Motion,  114  ;  Order,  130. 
Aliens,  Property  of,  Order  concerning,  31. 
ALLEN,  CHARLES,  Motions,  12,  96,  101,  102,  123,  154,  166,  169,  228,  232,  241,  245, 

250,  263,  295,  333,  363  ;  Reports,  25,  36,  37,  60,  82,  83,  89,  101,  124,  136,  153. 
Allen,  James  B.,  Petition  of,  35. 
ALLEN,  PARSONS,  Leave  of  absence,  349. 
ALLEY,  JOHN  B.,  Explanation,  227  ;  Motions,  169,  189. 
ALVORD,  DANIEL  W.,  Credentials,  49  ;  Motions,  258,  300,  332,  340,  343  ;  Order,  36 ; 

Report,  102. 

APPLETON,  WILLIAM,  Communication,  35. 

ASPINWALL,  WILLIAM,  Motions,  117,  241,  275,  326,  370  ;  Report,  209. 
AUSTIN,  GEORGE,  Motions,  72,  126. 
Amendments  and  Enrolment,  Committee  on,  30,  34. 

Amherst  College,  Communication  from  Treasurer,  215,  (Document  No.  112.) 
Apostles  Holy,  Polity  of,  Petition  for  establishment  of,  129 ;  Report  inexpedient  on,  153, 

(Document  No.  79)  ;  considered  in  Committee  of  the  Whole  and  accepted,  166,  167. 
Athenaeum,  Boston,  Invitation  from,  12. 
ATWOOD,  DAVID  C.,  Leave  of  Absence,  349. 
Auditor,  Order  concerning,  33  ;  Resolve  of  Committee  concerning,  87,  (Document  No.  30.) 

[See  Secretary,  Treasurer,  &c.] 

BALL,  GEORGE  S.,  Motion,  125. 

Ballot,  Freedom  of,  Order  concerning,  33,   36  ;  Resolve  of  Committee  concerning  passed, 

117.     [See  Voters.] 
Banks,  Officers  of,  Order  concerning,  107  ;  Resolve  inexpedient  on,  154 ;  (Document  No. 

76)  ;  considered  in  Committee  of  the  Whole,  and  ordered  to  a  second  reading,  189  ; 

passed,  193,  195. 

BANKS,  NATHANIEL  P.,  JR.     [See  Convention,  President  of.] 
Banks,  Special  Committee  on,  43,  62 ;  Resolves  of  Committee  concerning,  187,  (Document 

No.  98)  ;  considered  in  Committee  of  the  Whole,  and  ordered  to  a  second  reading,  294  ; 

motions  to  amend  rejected,  (by  yeas  and  nays,)  296  ;  passed,  299. 


544  INDEX. 

Banks,  Specie  Payments  of,  Order  concerning,  136  ;  Report  inexpedient  concerning,  239, 
288,  289,  (Document  No.  116) ;  accepted,  290. 

BARTLETT,  SIDNEY,  Motions,  13,  16,  30,  41,  93  ;  Order,  11. 

BATES,  MOSES,  JR.,  Motions,  50,  70,  71,  107,  118,  119,  134,  193,  219,  223,  242,  275, 
319,  344;  Orders,  9,  13,  27,  38,  61,  357  ;  Reports,  37,  96,  292,  344  ;  Resolve,  162. 

BEACH,  ERASMUS  D.,  Motions,  151,  152. 

Berlin,  Order  concerning  election  in,  13;  reconsidered  and  referred,  16;  Order  to  notify, 
16  ;  referred,  17;  Committee  on  vacancy  in,  16,  25  ;  instructed,  16  ;  Report  and  Order 
on  vacancy  in,  adopted,  25  ;  Form  of  notice  to,  26,  30  ;  adopted,  34  ;  motion  to  recon 
sider,  34,  35,  37,  41,  43,  47  ;  rejected,  (by  yeas  and  nays,)  50. 

Betting.     [See  Elections.] 

BIRD,  FRANCIS  W.,  Motions,  43,  87,  107,  114,  118,  119,  127,  135,  159,  188,  192,  196, 
209,  210,  223,  227,  246,  293,  302,  315,  319,  333,  340,  343,  357,  422;  Orders,  48,  59  ; 
Reports,  246,  356  ;  Resolve,  277. 

BISHOP,  HENRY  W.,  Report,  87. 

BLAGDEN,  GEORGE  W.,  Prayer,  9  ;  Motions,  192,  193. 

BLISS,  WILLIAM  C.,  Leave  of  Absence,  292;  Motion,  113. 

Books,  Purchase  of.     [See  Legislature.] 

BOUTWELL,  GEORGE  S.,  Credentials  of,  72  ;  Motions,  95,  96,  103,  138,  139,  145,  163, 
165,  187,  191,  195,  197,  216,  239,  253,  254,  273,  301,  361,  368,  369,  370,  371,  375, 
378;  Orders,  138,  174,  219,  253;  Reports,  137,  145,  155,  156,208,209,359,361; 
Resolves,  216. 

BRADBURY,  EBENEZER,  Motion,  239  ;  Report,  135,  136. 

BRADFORD,  WILLIAM  J.  A.,  Motion,  101,  326;  Orders,  39,  113. 

BREED,  HIRAM  N.,  Motions,  123,  129,  147,  149,  162,  180,  197,  233,  250,  252,  259,  302. 

BRIGGS,  GEORGE  N.,  Appeal,  169;  Inquiry,  164;  Motions,  26,  100,  102,  126,  138, 
139,  148,  168,  174,  180,  198,  232,  241,  292,  294,  318;  Order,  12;  Petition,  99; 
Reports,  83,  85,  86,  88,  89,  146,  165,  173  ;  Resolves,  79,  360. 

BRINLEY,  FRANCIS,  Motions,  138,  193;  Resolve,  118,  (Document  No.  42.) 

BRONSON,  ASA,  Motion,  8. 

BROWN,  ADOLPHUS  F.,  Motions,  65,  72,  80,  98,  240,  296. 

BROWN,  ALPHEUS  R.,  Motions,  34,  37;  Orders,  17,  33,  39;  Report,  126. 

BROWN,  ARTEMAS,  Motions,  232  ;  Orders,  237,  241,  275,  349. 

Brown,  Benjamin  King,  Petition  of,  54. 

BROWN,  HIRAM  C.,  Statement  concerning  Vote  of,  242. 

BUCK,  ASAHEL,  Motion,  98. 

BUMPUS,  CEPHAS  C.,  Motion,  58. 

BURLINGAME,  ANSON,  Motion,  175. 

BURTON,  RBV.  WARREN.     [See  Convention,  Chaplain  of.] 

BUTLER,  BENJAMIN  F.,  Motions,  35,  60,  69,  77,  78,  79,  80,  82,  83,  94,  96,  97,  131, 
151,  154,  157,  209,  210,  214,  223,  227,  238,  239,  241,  259,  293,  299,  303,  304,  308, 
343,  345,  360,  361,  371 ;  Orders,  25,  30,  54,  56,  69,  130,  237  ;  Reports,  66,  77,  153,  216, 
218,  294;  Resolves,  148,  (Documents  Nos.  65,  84,)  154,  293. 

CADY,  HENRY  C.,  Leave  of  Absence,  349 ;  Motions,  83,  164,  165 ;  Orders,  49. 

Cain,  James,  Petition  of,  217. 

CASE,  ISAAC,  Motion,  70. 

Census,  43,  68,  153,  (Document  No.  83,)  167,  168. 

CHANDLER,  AMARIAH,  Credentials  of,  49  ;  Motion,  88  ;  Petition,  196. 

CHAPIN,  CHESTER  W.,  Resolve,  150. 

CHAPIN,  HENRY,  Motions,  103,  289,  300,  301, 

CHOATE,  RUFUS,  Motion,  369. 


INDEX.  545 

CHURCHILL,  J.  McKEAN,  Motions,  18,  Go,  78,  122,  128,   HO,  142,   143,   173,  315  ; 

Orders,  33,  42,  54,  66,  67,  86  ;  Resolve,  301. 
Citizens,  Rights  of,  Order  concerning,  36,  58. 
Claims.     [See  Commonwealth.] 
Coburn,  John  P.,  Petition  of,  82,  90.     [See  Militia.] 
Code  of  Laws,  Order  concerning,  95. 
COGSWELL,  NATHANIEL,  Prayer,  213. 
COLE,  LANSING  J.,  Motions,  223 ;  Orders,  48,  60,  66,  84,  85  ;  Petition,  44  ;  Resolves, 

46,  196. 

Commonwealth  of  Massachusetts,  Report  concerning  name  of,  37,  54,  57  ;  considered  in 
Committee  of  the  Whole,  76  ;  ordered  to  a  second  reading  and  passed,  77  ;  Claims 
against,  Order  concerning,  69  ;  Resolve  of  Committee  concerning,  208,  (Document  No. 
107)  ;  considered  in  Committee  of  the  Whole,  302  ;  ordered  to  a  second  reading,  308  ; 
passed,  317. 

Common  Schools,  Order  concerning,  39. 
Commissioners,  Order  concerning,  88  ;  Report,  101,  (Document  No.  40)  ;  considered  in 

Committee  of  the  Whole,  135  ;  accepted,  135. 
Commissioners,  County,  Resolve  of  Committee  concerning,  87,  (Document  No.  30.)     [See 

Secratary.] 
Commissioners  of  Insolvency,  Resolve  of  Committee  concerning,  87,  (Document  No.  30.) 

[See  Secretary.] 
Comptroller.     [See  Auditor.] 
Concord,  Town  of,  Notice  to,  219. 

Constitution,  Amendments  of,  Resolves  of  Committee  concerning,  154,  (Document  No.  75)  ; 
considered  in  Committee  of  the  Whole,  196,  215,  240,  291;  Amendments  to,  240,  (Doc 
ument  No.  117)  ;  Motion  to  discharge  Committee  of  the  Whole,  288  ;  to  close  Debate, 
290;  reported  back,  291;  amended,  292;  assigned,  293;  amended,  294;  amend 
ment  rejected,  295  ;  referred  to  Special  Committee,  295 ;  reported  back,  303,  (Docu 
ment  No.  127);  amended,  319;  motion  to  amend  rejected,  (by  yeas  and  nays,)  319; 
to  second  reading,  321  ;  motion  to  amend,  325,  326  ;  motion  to  close  debate,  326,  327 ; 
to  amend,  rejected,  332,  333  ;  passed,  333,  334 ;  reconsidered,  333 ;  third  Resolve 
rejected,  333. 
Constitution,  Committee  on  Mode  of  Revising,  5  ;  Reports,  13,  15,  16  ;  Resolves  on  Mode 

of  Revising,  6,  7  ;  Orders  concerning,  34,  39,  46,  84. 

Constitutions  of  the  States,  Orders  concerning  purchase  of,  17,  26,  303,  311. 
Constitutional  Propositions,  Reported  by  Committee  of  Revision,  361 ;  Amended,  369,  370, 
371,  374,  375 ;  motions  to  amend  rejected,  361,  362,  363,  364,  365,  369,  370,  371,  374  ; 
motion  to  recommit  rejected,  (by  yeas  and  nays,)  372  ;  passed,  375,   378,  383 ;  Order 
for  printing  of,  357,  422  ;  Committee  to  count  votes  on,  422. 

Convention,  Act  calling  the,  1,  12,  24  ;  Adjournment  of,  8,  11,  15,  17,  18,  24,  31,  41,  60, 
65,  67,  68,  70,  71,  72,  80,  85,  88,  94,  97S  113,  117,  134,  145,  150,  159,  179,  180,  209, 
213,  217,  227,  233,  237,  253,  267,  292,  319,  340,  (rejected  by  yeas  and  nays,)  341,  343, 
355,  360,  370,  423  ;  Assignment  of  seats  in,  27,  35,  37,  38  ;  Business  of,  49,  62,  66, 
70,  326  ;  Close  of  session  of,  233,  239  ;  Compensation  of,  46,  61,  87,  (Document  No. 
31,)  151,  158,  159,  162,  237,  (Document  No.  113,)  289,  290,  344;  Debates  of,  9,  10, 
16,  41,  46,  47,  57,  62,  232,  292,  293,  301,  344,  356,  357,422  ;  Documents  of,  36,  357, 
361,  422  ;  Journal  of,  242,  276,  356  ;  Newspapers  for,  8,  9 ;  Order  for  recess  of,  148, 
rejected,  150;  Place  and  time  of  meeting  of,  8,  10,  11,  25,  111,  113,  123,  137,  139; 
Printing  for,  40,  66,  67  ;  Quorum  of,  3,  123,  190,  237,  294,  299,  355  ;  Records  of, 
9,  15,  232,  246,  (Document  No.  118,)  293;  Reports  of,  7,  8,  10,  47,  119,  162,  344, 
356  ;  Rules  and  orders  of,  6,  13,  18,  19,  24  ;  Standing  Committees  of,  27-30,  31,  35, 
49,  113,  137  ;  Vacancies  in,  9,  16,  17,  30,  31,  34,  37,  41,  54. 
Convention,  Chaplain  of,  8,  10,  11,  13. 
Convention,  Messenger  of,  9,  12,  16,  18,  24,  290. 
40 


546  INDEX; 

Convention,  Monitors  of,  31,  34,  60. 

Convention,  Officers  of,  Mode  of  electing,  4. 

Convention,  President  of,  Elected,  4,  5 ;  Decisions  of,  164,  168,  169,  272,  335,  336,  343  ; 
Vote  of  thanks  to,  360  ;  Address  by,  422  ;  President  pro  tempore  of  elected,  253 ;  Re 
solve  for  payment  of,  360. 

Convention,  Roll  of,  Mode  of  calling,  203. 

Convention,  Secretary  of,  Elected,  4,  5,  17  ;  Convention  called  to  order  by,  253  ;  Authorized 
to  print  Journal,  276  ;  Resolve  for  payment  of,  290. 

Convention  of  1820,  Proceedings  of,  8,  10,  37,  303,  311. 

Coroners,  Resolve  concerning,  87,  (Document  No.  30.) 

Corporations,  Committee  on,  62;  List  of,  99,  100,  (Document  No.  37);  Orders  concerning, 
43,  67 ;  Petition  concerning,  140  ;  Resolve  of  Committee  on,  83,  (Document  No.  25)  ; 
considered  in  Committee  of  the  Whole,  146,  152,  154  ;  amended,  154  ;  substitute  offered, 
155,  (Document  No.  78) ;  156,  192,  196,  233  ;  amended,  234  ;  ordered  to  second  read 
ing,  (by  yeas  and  nays,)  234  ;  passed,  251. 

Council,  Committee  on,  28  ;  Order  concerning,  57,  61  ;  Resolves  of  Committee  concerning 
72,  (Document  No.  19)  ;  considered  in  Committee  of  the  Whole,  83,  85,  86,  88,  89 
Order  to  close  debate  on,  88,  90  ;  reported  back  from  Committee  of  the  Whole,  89 
motion  to  amend  rejected,  (by  yeas  and  nays,)  90,  93,  94  ;  ordered  to  second  reading 
94  ;  laid. on  the  table,  96,  145  ;  taken  from  table,  138,  239  ;  amended,  275  ;  passed,  276 
motion  to  reconsider,  293  ;  rejected,  295. 

County  Officers,  Order  concerning,  36. 

County  Treasurers,  Resolve  of  Committee  concerning,  87,  (Document  No.  30.)  [See  Sec 
retary.] 

Courts,  Clerks  of,  36,  42,  87. 

Courts,  Order  concerning  proceedings  in,  95. 

CRANE,  GEORGE  B.,  Motion,  117. 

Credentials  of  Members,  3,  10,  13. 

CRESSY,  OLIVER  S.,  Motion,  233  ;  Resolve,  69. 

CROWELL,  SETH.  Leave  of  absence,  344;  Motion,  68. 

CROWNINSHIELD,  BENJAMIN  F.,  Motions,  16,  190,  228,  281;  Report,  77. 

CUM  MINGS,  JOSEPH,  Leave  of  Absence,  112,  288. 

CUSHMAN,  HENRY  W.,  Motions,  8,  85,  94, 124,  150,  275,  290,  421 ;  Orders,  3,  32,  57, 
61,  87,  151,  219,  228,  290,  292;  Reports,  49,  146  ;  Resolve,  251. 

CUSHMAN,  THOMAS,  Leave  of  Absence,  99. 

DANA,  RICHARD  II.,  JKM  Motions,  90,  125,  142,  143,  159,  175,  187,  251,  254,  263, 
276,  281,  322,  355,  357,  358,  374,  377,  378 ;  Orders,  69,  78,  303  ;  Reports,  97,  99,  100  ; 
Resolve,  111. 

DAVIS,  CHARLES  G.,  Motions,  35,  106,  168,  169,  258,  315,  318,  335,  340,  359 ;  Report, 
167. 

DAVIS,  EBENEZER,  Order,  72. 

DAVIS,  ISAAC,  Motions,  71,  233,  318  ;  Order,  44  ;  Reports,  46,  125,  156;  Resolve,  157. 

DAWES,  HENRY  L.,  Motions,  103,  300. 

DAY,  GILMAN,  Motions,  272,  322. 

Debate,  Limitation  of,  142,  146,  219,  228,  237,  241,  275,  299,  343. 

Debates.     [See  Convention.] 

Debt,  Orders  concerning,  60,  72.     [See  Imprisonment] 

Declaration  of  Rights,  Committee  on,  27  ;  Order  concerning,  97  ;  Order  concerning  amend 
ments  of,  [see  Prosecution^  ;  Resolves  from  Committee  on,  208,  (Document  No.  107) ; 
considered  in  Committee  of  the  Whole,  302  ;  amended,  306  ;  ordered  to  a  second  read 
ing,  308;  passed,  317. 

Deeds,  Registers  of,  Order  concerning,  98  ;  Resolve  of  Committee  concerning,  87,  (Docu 
ment  No.  30.)  [See  Secretary.] 


INDEX.  547 

Delegates,  Order  concerning  Statistics  of,  253,  275,  344,  356. 

DEMING,  ELIJAH  S.,  Credentials,  57. 

DENTON,  AUGUSTUS,  Motions,  118,  234,  267,  268,  295  ;  Petition,  140. 

DEWITT,  ALEXANDER,  Motions,  90,  233,  234. 

Dexter,  Joseph  P.,  Jr.,  Resolve  for  payment  of,  290. 

District-Attorneys,  Order  concerning,  36 ;  Resolve  of  Committee  concerning,  87,  (Docu 
ment  No.  30.)  [See  Secretary.] 

DUNCAN,  SAMUEL,  Motions,  86,  107,  146,  250,  296,  304  ;  Orders,  36,  39 ;  Resolves, 
95,  293. 

DUNHAM,  BRAD1SH,  Petition,  217. 

DURGIN,  JOHN  M.,  Motions,  37,  80  ;  Order,  59. 

EAMES,  PHILIP,  Motions,  43,  71,  94,  95,  128,  150,  191 ;  Orders,  137,  138  ;  Petitions, 
151,  209. 

EARLE,  JOHN  M.,  Credentials,  26;  Motions,  12,  31,  79,  88,  167,  199,  213,275,292, 
322,  354,  363,  422;  Girders,  8,  10,  11,  17,  32,  147,  150,  357;  Report,  166;  Resolves, 
34,  68,  98,  149. 

EASTON,  JAMES,  2r>,  Leave  of  Absence,  349. 

Education,  Board  of,  Order  concerning,  61;  Report  inexpedient  on,  166,  (Document  No. 
94)  ;  considered  in  Committee  of  the  Whole  and  accepted,  188. 

EDWARDS,  ELISHA,  Motions,  89,  193  ;  Order,  38. 

Elections,  Betting  on,  Order  concerning,  54  ;  Report  inexpedient  on,  190,  (Document  No. 
105) ;  considered  in  Committee  of  the  Whole  and  accepted,  209  ;  motion  to  reconsider, 
214  ;  laid  on  the  table,  232. 

Elections,  Biennial,  Order  concerning,  48  ;  Report  inexpedient  on,  89,  (Document  No.  33)  ; 
considered  in  Committee  of  the  Whole  and  accepted,  102. 

Elections,  Committee  on,  8,  9  ;  Report  of  Committee  on,  31,  34,  37,  129,  (Documents  53  and 
54.) 

Elections  by  Plurality,  Resolve  concerning,  laid  on  the  table,  26  ;  referred,  30  ;  Committee 
on,  40  ;  Report  and  Resolve  from  Committee  on,  46,  (Document  No.  7)  ;  considered  in 
Committee  of  the  Whole,  66,  68,  69,  71  ;  Order  to  close  debate  on,  rejected,  71 ;  consid 
ered  in  Committee  of  the  Whole,  79,  80,  82;  Order  concerning  close  of  debate  on,  80  ; 
reported  from  Committee  of  the  Whole,  82 ;  referred  to  Special  Committee,  83  ;  substi 
tutes  for,  82,  83,  (Documents  Nos.  26,  27) ;  Order  concerning,  84,  86  ;  Second  Special 
Committee  on,  85 ;  instructed  to  report,  113  ;  granted  further  time,  126  ;  Report  and 
Resolves,  153,  (Document  77)  ;  considered  in  Committee  of  the  Whole,  238,  239  ;  mo 
tion  to  close  debate,  239  ;  Reported  from  Committee  of  the  Whole,  240  ;  amended,  240 ; 
motion  to  amend,  240,  241,  245  ;  motion  to  amend  rejected,  (by  yeas  and  nays,)  242  ; 
motion  to  reconsider,  rejected,  (by  yeas  and  nays,)  246  ;  motion  to  close  debate,  246  ;  to 
amend,  rejected,  249,  250  ;  Resolves  ordered  to  second  reading,  250 ;  motion  to  amend 
adopted,  (by  yeas  and  nays,)  277 ;  rejected,  (by  yeas  and  nays,)  281 ;  passed,  (by  yeas 
and  nays,)  284 ;  motion  to  reconsider,  laid  on  the  table,  293  ;  taken  from  table,  335 ; 
adopted,  (by  yeas  and  nays,)  338  ;  motion  to  amend,  340,  343  ;  passed,  343,  344  ;  first 
and  fourth  Resolves  postponed,  343  ;  motion  to  amend  rejected,  345  ;  passed,  (by  yeas 
and  nays,)  345. 

Elections  by  the  People,  Order  concerning,  32. 

Election  Returns,  Resolves  concerning,  37. 

Elections,  Time  of  Holding,  Order  concerning,  48  ;  Report  and  Resolve  of  Committee  on, 
60,  (Document  No.  13)  ;  considered  in  Committee  of  the  Whole,  ordered  to  second 
reading  and  passed,  77. 

Elections  under  new  Constitution,  Order  concerning,  303 ;  Resolve  of  Committee  on,  335, 
(Document  No.  129)  ;  ordered  to  second  reading,  355  ;  passed,  358. 

Elections,  Viva  Voce  Method  of,  Report  and  Resolve  concerning,  83,  (Document  No.  23) ; 
considered  in  Committee  of  the  Whole  and  ordered  to  second  reading,  96  ;  passed,  98. 


548  INDEX. 

ELIOT,  SAMUEL  A.,  Communication  from,  61 ;  Order  of  notice  concerning,  87. 

ELY,  JOSEPH  M.,  Motions,  227,  277,  304,  343 ;  Order,  33. 

Enacting  Style,  Resolve  of  Committee  concerning,  153,  (Document  No.  76)  ;  considered  in 

Committee  of  the  "Whole,  and  second  reading,  189  ;  passed,  193. 
Encouragement  of  Literature,  Committee  on,  29. 
Evans,  J.  F.,  Petition  of,  137. 

FAY,  SULLIVAN,  Motions,  162,  288,  349  ;  Reports,  80,  98,  100,  112,  148,  187,  195,  251, 

288,  292,  299,  349. 

FELLOWS,  JAMES  K.,  Order,  219. 
Field,  Jonathan  E.,  et  al.,  Petition  of,  99. 

Fitchburg  Railroad  Co.,  Communication  from  President  of,  217  ;  thanks  to,  217. 
Flanders,  Nehemiah,  Memorial  of,   13. 
Fletcher,  Timothy,  et  al.,  Petition  of,  117. 
Folger,  Frederick  W.,  et  al.,  Petition  of,  70. 
Forman,  J.  G.,  et  al.,  Petition  of,  142. 
Forster,  Jacob.     [See  Fitchburg  Railroad  Co.j 
FOSTER,  AARON,  Motion,  117,  Order,  58;  Prayer,  237. 
Fowler,  Harvey.     [See  Convention,  Reports  of.] 
Frame  of  Government,  Committee  on,  27 ;  granted  time,  154. 
Franchise,  Order  concerning  qualifications  for,  73. 
Francis,  Josiah,  et  al.,  Petition  of,  151. 
FREEMAN,  JAMES  M.,  Motions,  99,  118,  228. 

FRENCH,  RODNEY,  Motions,  54,  163,  164,  275  ;  Orders,  36,  38,  50,  60  ;  Petitions,  35,  44. 
FRENCH,  SAMUEL,  Order,  73. 
FROTHINGHAM,  RICHARD,  JR.,  Motions,  41,  46,  54,  252,  272,  301,  378  ;  Orders,  43, 

45,  252;  Petition,  117  ;  Reports,  96,  155,  239. 
Fuller,  Issachar,  Resolve  for  payment  of,  290. 
Fuller,  Tillson,  Resolve  for  payment  of,  290. 

GALE,  LUTHER,  Leave  of  Absence,  299. 

GARDNER,  HENRY  J.,  Motions,  237,  319,  340,  354,  368. 

GARDNER,  JOHNSON,  Motions,  15,  34,  165,  209,  312  ;  Order,  43  ;  Resolve,  148 

General  Court,  Report  and  Resolve  of  Committee  on,  101,  (Document  No.  38)  ;  considered 
in  Committee  of  the  Whole,  122,  123  ;  reported  back,  123  ;  amended  and  ordered  to 
second  reading,  124  ;  amended  and  passed,  (by  yeas  and  nays,)  131. 

GILBERT,  WASHINGTON,  Order,  59. 

GILES,  JOEL,  Motion,  240  ;  Reports,  189,  190,  227  ;  Resolve,  213. 

GOOCH,  DANIEL  W.,  Motions,  263,  277. 

GOURGAS,  FRANCIS  R.,  Credentials,  72;  Motions,  5,  17,  47,  57,  62  ;  Orders,  9,  33  ; 
Reports,  41,  118;  Death  of,  announced,  216  ;  Committee  to  report  Resolves  concerning, 
216  ;  Resolves  concerning,  216  ;  Committee  to  attend  funeral  of,  217  ;  Order  concern 
ing  pay  of,  237. 

Governor,  Committee  on,  28  ;  Order  concerning  title  of,  61  ;  Order  concerning  eligibility  to 
office  of,  39  ;  Report  and  Resolves  from  Committee  on,  46,  (Document  No.  8)  ;  consid 
ered  in  Committee  of  the  Whole,  71  ;  amended  and  ordered  to  a  second  reading,  71  ; 
passed,  (by  yeas  and  nays,)  73  ;  Resolve  of  Committee  concerning  title  of,  125,  (Docu 
ment  No.  45)  ;  considered  in  Committee  of  the  Whole  and  ordered  to  second  reading, 
136 ;  passed,  and  motion  to  reconsider  rejected,  139  ;  Resolve  concerning  mode  of 
choosing,  motion  to  discharge  Committee  from  the  consideration  of,  359. 

GRAY,  JOHN  C.,  Motions,   19,   68,  203,  335,  364  ;  Orders,  43,  83 ;  Question  of  order, 

335  ;  Reports,  78,  79. 

GREENE,  WILLIAM  B.,  Motions,   117,  215,  219,  273;  Petitions,  61,  78,  86,98,  124, 
125,  142,  156  ;  Resolves,  40. 


INDEX.  549 

GRISWOLD,  WHITING,  Motions,  47,  107,  112,  129,  175,  180,  288,  289,  293,  294,  300, 
319,  326,  354,  361;  Orders,  111,  113;  Reports,  69,  94,  111,  112,  152,  196,  215,  241, 
291. 

Habeas  Corpus,  Resolve  of  Committee  concerning,  208,  (Document  No.  107) ;  considered  in 
Committee  of  the  Whole,  302  ;  amended,  302  ;  ordered  to  second  reading,  308  ;  motion 
to  amend,  316,  rejected,  317;  passed,  317. 

HALE,  ARTEMAS,  Motions,  8,  17,  68,  127;  Order,  113;  Question  of  Order,  343. 

HALE,  NATHAN,  Motions,  197,  198,  369;  Resolves,  61,  183,  197,  199. 

HALL,  CHARLES  B.,  Motions,  6,  19,  68,  77,  88,  122,  151,  152  ;  Order,  33  ;  Reports,  13, 
102,  192. 

HALLETT,  BENJAMIN  F.,  Motions,  10,  11,  15,  131,  139,  175,  193,  198,  199,  223,  227, 
238,  240,  250,  258,  263,  272,  293,  294,  295,  306,  316,  319,  333,  370;  Orders,  8,  12  ; 
Reports,  72,  214,  237,  303  ;  Resolves,  6,  83,  213,  232. 

HAPGOOD,  LYMAN  W.,  Leave  of  Absence,  349. 

HARMON,  PHINEAS,  Orders,  45,  97. 

Harvard  College,  Committee  on,  29,  34,  40,  62,  69,  122,  126,  142 ;  Communication  from 
Treasurer  of,  215,  (Document  No.  112)  ;  Orders  concerning,  39,  42,  44,  55;  Resolve  of 
Committee  concerning,  150,  (Document  No.  72) ;  considered  in  Committee  of  the 
Whole,  232,  233  ;  ordered  to  second  reading,  233,  251,  272  ;  passed,  (by  yeas  and  nays,) 
273 ;  Resolve  concerning,  174,  (Document  No.  99)  ;  considered  in  Committee  of  the 
Whole  and  second  reading,  191 ;  postponed,  214  ;  rejected,  236. 

HATHAWAY,  ELNATHAN  P.,  Motions,  62,  142,  143,  155,  179,  183,  245,  249,  284,  304, 
349  ;  Order,  38. 

HAZEWELL,  CHARLES  C.,  Credentials  of,  241. 

HENRY,  SAMUEL,  Leave  of  Absence,  299. 

Henshaw,  Josiah,  Petition  of,  78. 

Heywood,  Betsey  T.,  Petition  of,  156. 

Higginson,  Mary  C.,  Petition  of,   125. 

Higginson,  T.  W.,  Petition  of,  44. 

HILLARD,  GEORGE,  S.,  Explanation,  227;  Motion,  371;  Reports,  238,  239. 

Hinckley,  Jacob  W.,  Petition  of,  70. 

HO  BART,  AARON,  Order,  61. 

IIOBBS,  EDWIN,  Credentials,  241  ;  Motion,  217. 

HOLDER,  NATHANIEL,  Motion,  308. 

HOOD,  GEORGE,  Motions,  114,  159,  218  ;  Order,  49  ;  Reports,  70,  96. 

HOOPER,  FOSTER,  Appeal,  272  ;  Motions,  3,  4,  13,  18,  38,  66,  70,  71,  79,  97,  99,  113, 
193,  215,  218,  219,  220,  232,  237,  238,  246,  263,  272,  296,  332;  Orders,  9,  30,  42,  56; 
.Reports,  46,  71,  168 ;  Resolves,  26,  135,  252,  253,  254. 

HOPKINSON,  THOMAS,  Motion,  233. 

HOUGHTON,  SAMUEL,  Leave  of  Absence,  187;  Motion,  150;  Orders,  148,  150. 

House  of  Representatives,  Resolves  of  Committee  concerning,  69,  (Document  No.  18)  ; 
assigned,  112  ;  considered  in  Committee  of  the  Whole,  124, 125, 126, 127,  128,  129,  130, 
139,  147,  148,  149,  150;  motion  to  close  debate  in  Committee  of  the  Whole  rejected, 
151;  motion  to  discharge  Committee  of  the  Whole  laid  on  table,  152;  considered  in 
Committee  of  the  Whole,  154,  157  ;  reported  with  amendment,  157  ;  motion  to  amend, 
158,  162 ;  motion  to  commit  rejected,  163  ;  amended,  163  ;  motions  to  amend,  163, 
(Document  No.  74,)  164,  168,  169;  rejected,  (by  yeas  and  nays,)  169;  motions  to 
amend,  172,  173,  (Document  No.  66)  ;  Order  to  close  debate  on,  174  ;  motion  to  amend 
rejected,  (by  yeas  and  nays,)  175,  176 ;  motion  to  amend,  179  ;  rejected,  (by  yeas  and 
nays,)  180  ;  ordered  to  second  reading,  (by  yeas  and  nays,)  183  ;  assigned,  187, 
(Document  No.  96)  ;  read  second  time  and  laid  on  table,  191  ;  assigned,  195  ;  amend 
ed,  197;  motion  to  amend,  197;  motion  to  reconsider  vote  on  amendment,  198,  199; 
amendment  amended  and  agreed  to,  199  ;  amended,  199  ;  motion  to  amend  rejected, 


550  INDEX. 

(by  yeas  and  nays,)  199  ;  passed,  (by  yeas  and  nays,)  203  ;  motion  to  reconsider,  209  ; 
laid  on  table,  214. 

House  of  Representatives,  Order  concerning  Committee  of  Conference  with,  laid  over,  12  ; 
adopted,  15  ;  Committee,  16,  17  ;  Report  of  accepted,  25. 

House  of  Representatives,  Orders  concerning,  30,  (Document  No.  3,)  39,  42,  45,  55,  79, 
149  ;  Report  inexpedient  on,  241,  (Document  No.  119.) 

House  of  Representatives,  Committee  on,  28. 

House  of  Representatives,  Resolve  on  mode  of  submitting  question  of  representation  to 
people,  208,  (Document  No.  108);  Committee  of  the  Whole  discharged  from  consid 
eration  of,  316  ;  assigned,  316  ;  laid  on  table,  345,  349  ;  motion  to  close  debate  on,  349  ; 
amended,  (by  yeas  and  nays,)  350  ;  ordered  to  second  reading,  354  ;  motion  to  amend 
rejected,  354  ;  passed,  354. 

House  of  Representatives,  Petitions  concerning,  151,  209,  217. 

House  of  Representatives,  Resolves  concerning,  34,  61,  (Document  No.  14,)  69  ;  (Docu 
ment,  No.  18.)  84,  (Document  No.  29,)  98,  (Document  No.  36,)  118,  138,  (Docu 
ment  No.  42,)  126,  (Document  No.  49,)  127,  (Document  No.  51,)  128,  (Document 
No.  50,)  138,  (Document  No.  59,)  148,  (Documents  Nos.  65,  66,  68,  69,)  149,  (Docu 
ments  Nos.  70,  71,)  150,  151,  (Documents  Nos.  73,  74,)  165,  (Document  No.  91.) 

House  of  Representatives,  Table  concerning,    154,   (Document  84.) 

House  of  Representatives,  Quorum  in,  Resolve  concerning,  considered  in  Committee  of  the 
"Whole,  227  ;  laid  on  table,  227  ;  Committee  discharged,  227  ;  amended  and  ordered  to 
a  second  reading,  290  ;  passed,  293. 

House  of  Representatives,  Order  to  notify  Speaker  of,  18. 

Howe,  Solomon,  Petition  of,  54. 

HOYT,  HENRY  K.,  Motion,  238  ;  Leave  of  Absence,  148,  349 ;  Petitions,  82,  129. 

HUBBARD,  WILLIAM  J.,  Motions,  19,  24,  333. 

Hunt,  Harriet  K.,  Petition  of,  44  ;  Report  concerning,  190,  (Document  No.  105)  ;  consid 
ered  in  Committee  of  the  Whole  and  accepted,  209,  214,  232. 

HUNTINGTON,  CHARLES  P.,  Motions,  158,  162,  258,  318,  319,  321,  325,  359  ;  Re 
port,  152;  Resolves,  148. 

HUNTINGTON,  GEORGE  H.,  Leave  of  Absence,  315. 

HURLBUT,  MOSES  C.,  Motion,  127,  149. 

HYDE,  BENJAMIN  D.,  Motion,  241. 

IDE,  ABIJAH  M.,  Order,  48.  49. 

Imprisonment  for  Debt,  Order  concerning,  31,  97  ;  Petition  concerning,  35;  Resolve  con 
cerning  ordered  to  second  reading,  (by  yeas  and  nays,)  306 ;  motion  to  lay  on  table 
rejected,  318 ;  amended,  318  ;  passed,  319  ;  motion  to  reconsider,  321,  355  ;  motion  to 
reconsider  laid  on  the  table,  355. 

Ingersoll,  C.  J.  J.,  Petition  of,  196. 

Insolvency,  Commissioners  of,  Resolve  of  Committee  concerning,  87,  (Document,  No.  30.) 
[See  Secretary.] 

Jackson,  Francis,  et  al.,  Petition  of,  35. 

JAMES,  WILLIAM,  Motions,  113,  198  ;  Report,  167. 

JENKINS,  JOHN,  Motion,  326  ;  Resolves,  325,  326  ;  rejected,  (by  yeas  and  nays,)  329,  332. 

JENKS,  SAMUEL  H.,  Motion,  362  ;  Resolve,  138. 

Johnson,  N.  T.,  et  al.,  Petition  of,  129. 

Journal.     [See  Convention.] 

Judges,  Commissions  of,  Resolve  concerning,  293  ;  second  reading,  299  ;  amended,  303 ; 

passed,  304. 

Judges,  Order  concerning  list  of,  147  ;  List  of,    187,   (Document,   No.  101.) 
Judges,  Tenure  of,  Resolve  of  Committee  on  Bill  of  Rights  concerning,  208,  (Document 

No.  107);  considered  in  Committee  of  the  Whole,  302  ;  second  reading,  308  ;  passed,  317. 


INDEX.  551 

Judges  of  Probate,  Order  concerning,  36.     [See  Secretary.] 

Judiciary,  Committee  on,  29  ;  authorized  to  sit,  &c.,  303  ;  Orders  concerning,  36,  39,  42,  45, 
56,  78  ;  Resolves  concerning,  135,  (Document  No.  57,)  140,  141  ;  Report  and  Resolves 
of  Committee  on,  85,  (Document  No.  28)  ;  considered  in  Committee  of  the  Whole, 
214;  reported  from  Committee  of  the  Whole,  214;  amended,  215;  motion  to  amend 
amendment,  215;  postponed,  215  ;  considered,  218;  motion  to  postpone  rejected,  219  ; 
motion  to  postpone,  219;  motion  to  close  debate,  219;  considered,  219;  motion  to 
reconsider  vote  on  closing  debate  rejected,  220 ;  amendment  rejected,  (by  yeas  and 
nays,)  220  ;  amended,  223  ;  motions  to  amend  rejected,  220  ;  amendment  of  Commit 
tee  of  the  Whole  rejected,  (by  yeas  and  nays,)  224  ;  second  reading,  227  ;  considered, 
251  ;  motion  to  amend,  (Document  No.  120,)  251,  252  ;  motion  to  close  debate  on, 
252,  254  ;  amendment  rejected,  (by  yeas  and  nays,)  254 ;  amended,  258  ;  amendment 
rejected,  258  ;  amended,  259  ;  amendment  rejected,  259  ;  motion  to  reconsider  rejected, 
(by  yeas  and  nays,)  259 ;  amended,  263  ;  amendment  reconsidered  and  rejected,  263 ; 
amendment  rejected,  263 ;  amended,  (by  yeas  and  nays,)  264 ;  passed,  (by  yeas  and 
nays,)  267,  268. 

Jury,  Rights  of,  Order  concerning,  42;  Resolve  of  Committee  concerning,  238,  (Docu 
ment  No.  115);  considered  in  Committee  of  the  Whole,  302;  Committee  of  the 
Whole  discharged  from  consideration  of,  308  ;  considered,  311  ;  second  reading,  (by 
yeas  and  nays,)  312  ;  motion  to  amend,  321  ;  motion  to  lay  on  the  table  rejected,  (by 
yeas  and  nays,)  322 ;  amended  and  passed,  325. 

Justices  of  the  Peace,  Committee  on,  301 ;  Orders  concerning,  59,  72,  87  ;  Resolves  con 
cerning  251,  (Document  No.  121,)  301  ;  Report  of  Committee  concerning,  recommit 
ted,  87  ;  Resolve  of  Committee  concerning,  192  (^Document  No.  104) ;  considered  in 
Committee  of  the  Whole,  294,  295,  299  ;  motion  to  close  debate  on,  299  ;  amended, 
300,  301 ;  motion  to  amend  rejected,  301  ;  committed  to  special  committee,  301  ;  com 
mittee  on,  301;  Resolves  of  Committee  on,  302,  (Document  No.  126)  ;  amended,  304 ; 
amendment  rejected,  304  ;  second  reading,  304  ;  motion  to  amend  rejected,  305  ;  passed, 
305  ;  motion  to  reconsider  rejected,  306. 

KELLOGG,  GILES  C.,  Motions,  94,  124,  362  ;  Order,  42. 

KELLOGG,  MARTIN  R.,  Leave  of  Absence,  136,  292. 

KEYES,  EDWARD  L.,  Motions,  4,  5,  8,  25,   30,  83,  131,  154,  165,  267,  272,  301,  318  ; 

Order,  130;  Petitions,  35,  61,95;  Protest,  361  ;  Reports,  153,  154. 
Killam,  Robert  L.,  et  al.,  Petition  of,  95. 

KINGMAN,  JOSEPH,  Motions,  89,  119,  124,  131,  188,  218,  333;  Order,  101. 
KINSMAN,  HENRY  W.,  Motion,  130  ;  Order,  16. 
Kline,  Mark,  et  al.,  Petition  of,  44. 
KNIGHT,  HIRAM,  Order,  58. 

KNIGHT,  JOSEPH,  Leave  of  Absence,  100 ;  Motions,  149,  196. 
KNOWLTON,  CHARLES  L.,  Credentials  of,  66  ;  Leave  of  Absence,  349. 
KNOWLTON,  J.  S.  C.,    Memorial,  8;    Motions,  16,   70,  71,   148,   232,   233,  251,   254; 

Reports,  150,  215,  239 ;  Resolves,  251,  253,  254,  264. 

LADD,  JOHN  S.,  Order,  16  ;  Motion,  34. 

Lamson,  Silas,  et  al.,  Petition  of,  129. 

Law  Library,  Boston  Social,  Invitation  from,  and  thanks  to,  12. 

Law,  Martial,  Resolve  of  Committee  concerning,  238,  (Document  No.  115) ;  considered  in 
Committee  of  the  Whole,  302;  second  reading,  311;  laid  on  table,  315;  motion  to 
take  from  table  rejected,  359. 

Law,  Remedy  in,  Report  inexpedient  on  Order  concerning,  153,  (Document  No.  85)  ;  con 
sidered  in  Committee  of  the  Whole  and  accepted,  167. 

Laws,  Codification  of,  Report  inexpedient  on  Order  concerning,  153,  (Document  No.  85)  ; 
considered  in  Committee  of  the  Whole  and  accepted,  167. 


552  INDEX. 

Laws,  Suspension  of,  Order  concerning,  42. 

Lawrence,  Edwin,  Memorial  of,  13. 

Leave  of  Absence,  Committee  on,  31,  40. 

Leave  of  Absence  granted,  80,  99,  100,  112,  136,  148,  187,  195,  251,  288,292,  299,  315, 
344,  349. 

Le  Barnes,  J.  W.,  Memorial  of,  35. 

Legislature,  Order  concerning  compensation  of,  32,  38,  69  ;  Length  of  session  of,  32,  38  ; 
Appointment  of  members  of  to  office,  32  ;  Motion  to  instruct  Committee  to  report  on,  359  ; 
laid  on  the  table,  359  ;  Mode  of  electing  officers  of,  44  ;  Petitions  to,  43  ;  Report  inexpe 
dient  on,  82  ;  considered  in  Committee  of  the  Whole  and  accepted,  96  ;  Quorum  of,  33  ; 
Resolve  concerning,  196 ;  Purchase  of  books  by,  66,  67  ;  Report  inexpedient  on,  89, 
(Document  No.  32) ;  considered  in  Committee  of  the  Whole  and  accepted,  102  ;  Order 
concerning  vacancies  in,  48.  [See  General  Court.] 

Legislative  Acts,  Order  concerning  title  of,  &c.,  33  ;  Order  concerning  requisite  vote  for 
passage  of,  38  ;  Report  inexpedient  on,  considered  in  Committee  of  the  Whole,  and 
accepted,  102,  (Document  No.  34) ;  Reference  of  to  the  people,  44  ;  Report  inexpedient 
on,  considered  in  Committee  of  the  Whole  and  accepted,  166,  (Document  No.  82) ; 
three-fifths  vote  for,  48  ;  Report  inexpedient  concerning  origin  of,  83,  (Document  No. 
21)  ;  considered  in  Committee  of  the  Whole  and  accepted,  96. 

LELAND,  ALDEN,  Motions,  31,  192,  301 ;  Orders,  40,  45. 

Libel,  Order  concerning,  38. 

Liberty,  Order  concerning  security  of,  38. 

Lieutenant- Governor,  Committee  on,  28  ;  Orders  concerning,  61,  73  ;  Resolves  from  Com 
mittee  on,  reported,  49,  (Document  No.  9)  ;  considered  in  Committee  of  the  Whole, 
and  reported  back  with  amendments,  77  ;  recommitted  to  Committee  of  the  Whole ;  78  ; 
considered  in  Committee  of  the  Whole,  85,  86,  88,  89  ;  Order  to  close  debate  on,  94  ; 
considered  in  Committee  of  the  Whole,  94  ;  reported  back  and  laid  on  table,  94  ;  amend 
ed,  94  ;  second  reading,  95  ;  laid  on  table,  96  ;  taken  from  table,  138  ;  passed,  289. 

LIYERMORE,  ISAAC,  Communication,  17;  Motions,  13,  25,  31,  37,  152,  158,  159,  273, 
306,  360,  362,  422;  Order,  344;  Reports,  87,  122,  237,  361. 

LORD,  OTIS  P.,  Explanation,  252;  Motions,  100,  191,  195,  245,  246,  267,  299,  301,  302, 
318,  319,  321,  332,  333,  335,  340,  341,  343,  344,  359,  360,  363,  364  ;  Report,  166. 

LOTHROP,  SAMUEL  K.,  Motions,  24,  196,  273,  355  ;  Orders,  55,  73 ;  Prayer,  3,  423. 

Lowell  Institute,  Recommendation  to  procure  Hall  of,  10,  11  ;  Order  for  Committee  to 
procure,  laid  over,  11  ;  laid  on  table,  15  ;  rejected,  18. 

MARBLE,  WILLIAM  P.,  Leave  of  Absence,  349. 

MARCY,  LABAN,  Leave  of  Absence,  349. 

MARVIN,  ABIJAH  P.,  Motions,  214,  232;  Orders,  44,  78. 

MASON,  CHARLES,  Motions,  371,  374;  Order,  44. 

Me  In  tosh,  M.,  Petition  of,  44. 

MEADER,  REUBEN,  Leave  of  Absence,  288. 

Mesne  Process,  Order  concerning,  32;  Resolve,  153,  (Document  No.  76);  considered  in 
Committee  of  the  Whole,  and  ordered  to  second  reading,  187  ;  passed,  193. 

Messenger.     [See  Convention.] 

Militia,  Committee  on,  28  ;  Resolves  of  Committee  concerning,  125,  (Document  No.  47)  J 
considered  in  Committee  of  the  Whole,  136,  137  ;  amended  and  ordered  to  a  second 
reading,  138;  substitute  offered,  140,  (Document  No.  58,)  and  rejected,  142;  amended 
and  passed,  143 ;  Petition  for  modification  of  laws  concerning,  82  ;  Report  concerning, 
90  ;  Report  inexpedient,  considered  in  Committee  of  the  Whole,  141  ;  laid  on  table,  142. 

Militia,  Governor's  Command  of,  Order,  79 ;  Report  inexpedient,  125,  (Document  No. 
43)  ;  considered  in  Committee  of  the  Whole,  136,  137  ;  Committee  of  the  Whole  dis 
charged,  145  ;  recommitted,  145  ;  Resolve  concerning,  145  ;  Report  on,  156,  (Document 
No.  88) ;  considered  in  Committee  of  the  Whole  and  passed,  167. 


INDEX.  553 

MILLER,  SETH,  JR.,  Motions,  85,  88,  318. 

MIXTER,  SAMUEL,  Order,  303,  311. 

Money  Bills,  Order  concerning,  45. 

MOREY,  GEORGE,  Communication  from,  12. 

MORSS  JOSEPH  B.,  Order,  48. 

MORTON,  ELBRIDGE  G.,  Motions,  11,  159;  Orders,  7,  17,  24;  Report,  102. 

MORTON,  MARCUS,  Motions,   123,   124,   175,  215,  219,  220,  303,  316,  350,  358,  363, 

371;  Reports,   13,  57,  60,  85,  153,232,  335;  Resolves,  82,  156,  157,   179,  180,  208, 

210,  344,  349. 
MORTON,  MARCUS,  JR.,  Motions,  125,  139,  218,  259,  300,  301,  308  ;  Orders,  45,  131 ; 

Reports,  294,  299. 

MORTON,  WILLIAM  S.,  Motions,  24,  85,  94,  127,  191,  318  ;  Orders,  36,  87. 
Murphy,  Charles  A.,  Resolve  for  payment  of,  290. 
Murphy,  David,  Resolve  for  payment  of,  290. 

NAYSON,  JONATHAN,  Memorial,  13  ;  Motions,  4,  47,  62,  86,  215;  Reports,   135,  154, 

304. 

Nell,  William  C.,  Protest  of,  361,  422. 
Newspapers.     [See  Convention.] 
Newton,  Edward  A.,  Petition  of,  140. 
NORTON,  ALFRED,  Leave  of  Absence,  251. 
NOYES,  DANIEL,  Motions,  17,  18,  60. 

Oaths,  Committee  on,  29  ;  Orders  concerning,  59,  97  ;  Resolve  inexpedient  on,  153,  (Docu 
ment  No.  76)  ;  considered  in  Committee  of  the  Whole,  189  ;  motion  to  amend  rejected, 
189  ;  second  reading,  189  ;  passed,  193  ;  Resolves  from  Committee  on,  66,  (Document 
No.  16) ;  considered  in  Committee  of  the  Whole,  78,  79  ;  second  reading,  79  ;  passed, 
81 ;  Resolve  of  Committee  concerning,  153,  (Document  No.  76)  ;  considered  in  Com 
mittee  of  the  Whole,  189  ;  amended  and  second  reading,  189  ;  passed,  193. 

Office,  Retirement  from,  Order  concerning,  113  ;  Report  inexpedient  on,  151,  (Document 
No.  87) ;  considered  in  Committee  of  the  Whole  and  accepted,  167. 

Officers,  Removal  of,  Resolve  of  Committee  concerning,  192,  (Document  No.  104.)  [See 
Justices  of  the  Peace.] 

Offices,  Incompatibility  of,  Resolve  of  Committee  concerning,  153,  (Document  No.  76)  ; 
considered  in  Committee  of  the  Whole,  amended,  189  ;  second  reading,  189  ;  amended 
and  passed,  193. 

Offices,  Vacancies  in,  Resolves  concerning,  192,  (Document  No.  104.) 

Olcott,  James  S.,  Petition  of,  54. 

OLIVER,  HENRY  K.,  Explanation,  361  ;  Motions,  72,  112,  113,  117,  189,  227,  240,344, 
363,  374;  Reports,  125,  129,  138,  191. 

Osgood,  Mary,  Petition  of,  98. 

Page,  Thaddeus,  Resolve  for  payment  of,  290. 

PAIGE,  JAMES  W.,  Motion,  422. 

Pardoning  Power,  Order  concerning,  86;  Report  inexpedient  on,  125,  (Document  No.  44)  ; 

considered  in  Committee  of  the  Whole,  135,  136  ;  accepted,  136. 
Pardons,  Order  concerning,  130 ;  List  of,  187,  (Document  No.  103.) 
PARKER,  JOEL,  Motions,  25,  50,  219,  316,  370  ;  Report,  188  ;  Resolve,  293. 
Parker,  Leonard  M.,  Memorial  of,  8,  10  ;  Report  concerning,  129,  (Document  No.  53.) 
Parkhurst,  Henry  M.,  Resolve  for  payment  of,  119. 
PARSONS,  SAMUEL  C.,  Motions,  208,  215. 
Pay  Roll,  Committee  on,  31,  40;  Orders  concerning,  239,  241;  Reports  of  Committee  on, 

361,  421. 

PENNIMAN,  JOHN,  Petition,  82. 
41 


554  INDEX. 

People,  Rights  of,  Resolve  of  Committee  concerning,  208,  (Document  No.  107)  ;  consid 
ered  in  Committee  of  the  Whole,  302  ;  ordered  to  a  second  reading,  308  ;  amended  and 
rejected,  318. 

PERKINS,  DANIEL  A.,  Motions,  214,  355. 

PHELPS,  CHARLES,  Motions,  123 ;  Order,  86. 

Phelps,  Charles,  et  al.,  Petition  of,  70. 

Phillips,  Wendell,  et  al.,  Petitions  of,  61,  124;  Report  concerning,  190,  (Document,  No. 
105)  ;  considered  in  Committee  of  the  Whole  and  accepted,  209  ;  motion  to  reconsider, 
214  ;  laid  on  the  table,  232. 

PHINNEY,  SILVANUS  B.,  Motions,  88,  107,  111,  113,  128,  179,  187,  267. 

PLUNKETT,  WILLIAM  C.,  Motions,  296,  311,  354,  362. 

Plurality.     [See  Elections.] 

Police,  Order  concerning,  126  ;  Report  on,  138,  (Document  No.  60) ;  considered  in  Commit 
tee  of  the  Whole  and  accepted,  152. 

Police  Courts,  Order  concerning  Justices  and  Clerks  of,  147. 

Poll  Tax.     [See  Voters.] 

Poole,  Alexis,  Resolve  for  payment  of,  290. 

Population,  Orders  concerning,  31,  83,  85  ;  Statements  concerning,  65,  (Document  No.  15,) 
68,  (Document  No.  17.) 

POWERS,  PETER,  Order,  78. 

Prayer,  Order  concerning,  3. 

President.     [See  Convention.] 

Price,  Abby  H.,  Petition  of,   156. 

Printing.     [See  Convention.] 

Prison  Inspector,  Order  concerning,  72;  Report  on,  87,  (Document  No.  30.)  [See  Sec 
retary.] 

Privileges,  Special,  Order  concerning,  59  ;  Report  inexpedient  on,  89,  (Document  No.  35)  ; 
considered  in  Committee  of  the  Whole  and  accepted,  101. 

Probate,  Judges  of,  Resolve  of  Committee  on,  87,  (Document  No.  30)  ;  passed,  119.  [See 
Secretary.] 

Probate,  Registers  of,  Resolve  of  Committee  on,  87,  (Document  No.  30.)     [See  Secretary.] 

Prosecution,  Unjust,  Order  concerning  compensation  for,  49,  101  ;  Report  inexpedient  on, 
153,  (Document  No.  80)  ;  considered  in  Committee  of  the  Whole  and  accepted,  166. 

Public  Lands.     [See  Common  Schools.] 

PUTNAM,  JOHN  A.,  Motion,  130. 

Quorum.     [See  Convention.] 

Railroad  Corporations,  Resolve  concerning,  213,  (Document  No.  Ill);  Committee  on, 
232  ;  Resolve,  237,  (Document  No.  114)  ;  laid  on  the  table,  315. 

Randall,  Harriet  L.,  Petition  of,  35. 

RANTOUL,  ROBERT,  Convention  called  to  Order  by,  3  ;  Motion,  253  ;  Ordor,  30  . 

REED,  SAMPSON,  Leave  of  Absence,  80. 

Registry  of  Voters,  Resolve  concerning,  111;  Report  of  Committee  on,  137,  (Document 
No.  56) ;  considered  in  Committee  of  the  Whole,  152  ;  second  reading,  152  ;  passed, 
156. 

Religious  Test,  Petitions  concerning,  35,  44,  54,  70,  117,  137;  Resolve  of  Committee  con 
cerning,  238,  (Document  No.  115)  ;  considered  in  Committee  of  the  Whole,  302,  308  ; 
rejected,  (by  yeas  and  nays,)  309. 

Reports.     [See  Convention.] 

Revision,  Committee  on,  138,  143,  253  ;  Report  of,  361  ;  Resolves  by,  378,  379  ;  passed, 
379. 

RICE,  DAVID,  Order,  38. 

Rights  of  Women,  Petitions  concerning,  86,  95 ;  Order  concerning,  87. 


INDEX.  555 

ROBINSON,  JAMES  T.     [See  Convention,  Secretary  of.] 

ROBINSON,  WILLIAM  S.     [See  Convention,  Secretary  of.] 

ROCKWELL,  JULIUS,  Petition,  140. 

ROCKWOOD,  JOSEPH  M.,  Resolve,  127. 

ROGERS,  HENRY  B.,  Communication  from,  35. 

Rules  and  Orders.     [See  Convention.] 

Russell,  James,  Memorial  of,  Referred,  27  ;  Report  on,  129,  (Document  No.  53.) 

Sanborn,  John,  Memorial  of,  12  ;  Report  on,  129,  (Document  No.  54.) 

SARGENT,  JOHN,  Report,  167. 

Sargent,  John  A.,  Resolve  for  payment  of,  290. 

Saxton,  J.  A.,  Petition  of,  82. 

Shyward,  William,  Resolve  for  payment  of,  290. 

School  Fund,  Orders  concerning,  59,  78 ;  Resolve  of  Committee  on,  173,  (Document  No. 
100)  ;  considered  in  Committee  of  the  Whole  and  second  reading,  190  ;  passed,  196. 

Schools,  Sectarian,  Order  concerning,  78 ;  Resolve  of  Committee  on,  165,  (Document  No. 
93)  ;  considered  in  Committee  of  the  Whole,  188  ;  second  reading,  188,  192 ;  laid  on 
table,  193,  24-1,  289;  Second  Resolve  introduced  and  laid  on  table,  293,  (Document 
No.  123);  taken  up  and  passed,  316;  motion  to  reconsider,  316;  postponed,  321;  re 
jected,  355. 

SCHOULER,  WILLIAM,  Appeal,  343;  Motions,  19,41,46,50,57,83,100,113,118, 
139,  172,  173,  174,  175,  218,  240,  252,  268,  315,  318,  333,  334,  340,  355,  361  ;  Order, 
69  ;  Petition,  35  ;  Reports,  141,  188,  302,  308  ;  Resolves,  148,  240,  241,  242. 

Seat  of  Government,  Order  concerning,  48  ;  Report  inexpedient  on,  83,  (Document  No. 
24) ;  considered  in  Committee  of  the  Whole  and  accepted,  96. 

Secretary  of  State,  Treasurer,  &c.,  Committee  on,  29,  34,  40,  151  ;  Resolves  of  Committee 
on,  87,  (Document  No.  30)  ;  considered  in  Committee  of  the  Whole,  111,  112  ;  second 
reading,  112;  amended  and  passed,  118,  119,  121;  motion  to  reconsider,  125,  127,  128, 
187,  191  ;  rejected,  192. 

Secretary  of  the  Commonwealth,  Resolve  for  payment  of,  344,  356. 

Senate,  Committee  on,  27  ;  Order  concerning,  30,  (Document  No.  3,)  34  ;  Resolves  of  Com 
mittee  on,  40,  (Document  No.  5) ;  considered  in  Committee  of  the  Whole,  57,  60  ; 
second  reading,  60  ;  motion  to  amend  rejected,  63  ;  passed,  (by  yeas  and  nays,)  63. 

Senators  in  Congress,  Order  concerning,  79  ;  Report  inexpedient  on,  101,  (Document  No. 
39)  ;  considered  in  Committee  of  the  Whole  and  accepted,  146. 

SHELDON,  LUTHER,  Motions,  71,  80,  267. 

Sheriffs.     [See  Secretary  of  State,  &c.] 

Shove,  Luther,  Petition  of,  44. 

SIMMONS,  PEREZ,  Motion,  10. 

SIMONDS,  JOHN  W.,  Motion,  18;  Resolve,  37. 

Slavery,  Fugitives  from,  Petitions  concerning,  82,  129,  198. 

SPOONER,  SAMUEL  W.,  Motion,  162. 

Spooner,  Zilpha  W.  II.,  Petition  of,  86. 

SPRAGUE,  PELEG,  Communication  from,  41. 

State  Credit,  Committee  on,  67,  69 ;  Orders  concerning,  33,  69,  82,  124  ;  Report  inexpedi 
ent  on,  126,  (Document  No.  48) ;  considered  in  Committee  of  the  Whole,  145,  155, 
156;  motion  to  discharge  Committee,  156;  laid  on  table,  157,  191;  motion  to  close 
debate  on,  209  ;  considered  in  Committee  of  the  Whole,  208,  209  ;  motion  to  amend 
rejected,  (by  yeas  and  nays,)  210  ;  Resolve  substituted,  213  ;  second  reading,  213  ;  vote 
on  second  reading  reconsidered,  213,  228  ;  second  reading  refused,  (by  yeas  and  nays,) 
228. 

State  Library,  Order  of  House  of  Representatives  concerning,  27. 

State  Officers,  Removal  of,  &c.,  Order  concerning,  303  ;  Resolve  concerning,  335,  (Docu 
ment  No.  129) ;  second  reading,  355  ;  passed,  358. 


556  INDEX. 

STETSON,  CALEB,  Motions,   113,  143,  191,  192,  193,  203,  210,  213,  234,  250,  263,  359, 

422  ;  Order,  107 ;  Report,  152  ;  Resolve,  149,  173. 
STEVENS,  BENJAMIN.     [See  Convention,  Messenger  of.J 
STEVENS,  GRANVILLE,  Motion,  219. 
STEVENS,  JOSEPH  L.,  JK.,  Order,  149. 

STEVENSON,  J.  THOMAS,  Appeal,  335  ;  Motions,  259,  301 ;  Reports,  126,  302. 
STORROW,  CHARLES  S.,  Communication,  88  ;  Leave  of  Absence,  99. 
STRONG,  ALFRED  L.,  Motion,  306  ;  Order,  32,  97  ;  Resolve,  306. 
STUTSON,  WILLIAM,  Credentials  of,  57. 
Subscriptions.     [See  Oaths.] 

Suffrage,  Orders  concerning,  55,  73.     [See  Ballot  and  Voters.] 
SUMNER,  CHARLES,    Order,   95  ;  Reports,    66,   68,  70,  71,  79,  80,  82,  90,  208,  233  ; 

Resolves,  140,  142, 
SUMNER,  INCREASE,  Motions,    123,  245,  246;    Orders,   48,  49,  66,  67;  Reports,   147, 

189,  Resolve,  140. 

Supreme  Court,  Order  concerning  Opinions  of,  45.     [See  Judiciary.] 
SWAIN,  ALANSON,  Leave  of  Absence,  349. 

TABER,  ISAAC  C.,  Leave  of  Absence,  195. 

TAFT,  ARNOLD,  Leave  of  Absence,  66,  99. 

Tax  Qualification.     [See  Voters.] 

TAYLOR,  RALPH,  Leave  of  Absence,  292, 

THOMAS,  JOHN  W.,  Motions,   10,  16,  35,  159,  228,  263. 

THOMPSON,  CHARLES,  Memorial,   12  ;    Motions,   18,  24,   25,  26,   38,  57,  67,  70,  97, 

102,  108,  127,  151,  152,  162,  213,  217,  228  ;  Orders,  12,  16,  31,  55,  73,  100;  Reports, 

77,  101  ;  Resolves,  150,  151,  163,  164,  168,  169. 
TILTON,  HORATIO  W.,  Leave  of  Absence,  349. 
Todd,  George  W.,  Petition  of,  70. 
Tolman,  James  N.,  Jr.,  Resolve  for  payment  of,  290. 
TOWER,  EPHRAIM,  Petitions,  70. 
Towns,  Order  concerning  list  of,  49,  56  ;  Representation  of  by  others  than  citizens,  Report 

accepted,  290. 
Towns,  Incorporation  of,  Resolve  concerning,  173,  (Document  No.  102)  ;  Committee  of  the 

Whole  discharged  from  consideration  of,  236  ;  postponed,   238  ;   motion  to  reconsider, 

246,  250,  272  ;   second  reading  refused,  272. 
Towns,  New,  Order  concerning  number  of,  69,  72. 
Towns,  Unrepresented,  List  of,  163,  (Document  No.  95.) 
TRAIN,  CHARLES  R.,  Leave  of  Absence,  148  ;  Motions,  34,  142,  245,  252,  345,  355 ; 

Order,  39. 

Trial  Justices,  Order  concerning,  87. 
TURNER,  DAVID,  Leave  of  Absence,  349. 
TYLER,  WILLIAM,  Motions,  31,  97;  Orders,  98,  253,  275. 

UNDERWOOD,  ORISON,  Motions,  80,  119,  155,  163,  239  ;  Resolve,  84. 

Upham,  Lucretia,  Petition  of,  124. 

UPTON,  GEORGE  B.,  Motions,  241,  275,  362, 

Veazie,  B.  G.,  Petition  of,  54, 

VILES,  JOEL,  Resolve,  165. 

VINTON,  GEORGE  A.,  Credentials,  26. 

Voters,  Orders  concerning,  33,  36,  42,  49,  58,  59,  78,  95,  128,  130  ;  Ability  of  to  read,  &c., 

146,  147,  (Document  No.  67,)  152,   190  j  Residence  of,  130,  141,  146,155,  189,  190? 

Exemption  of,  190,  209,  214,  232. 


INDEX.  557 

Voters,  Qualifications  of,  Committee  on,  30  ;  Resolves  concerning,  57,  97,  98,  99, 100,  102, 

103,  106,  107,  108,  111,  114,  117. 
Votes,  Mode  of  receiving,  Resolve  concerning,  293,  304,  (Document  No.  125.) 

Waite,  Otis  F.  R.,  Petition  of,  209. 

WALES,  BRADFORD  L.,  Motion,  317. 

WALKER,  AMASA,  Motions,  66,  93,  107,  156,  189,  209,  300,  303,  304,  312,  343,  423; 
Orders,  7,  49,  218,  357;  Reports,  10,  57,  130,  137,  141,  147,  174,  188,  190,  361  ;  Re 
solve,  128. 

WALKER,  SAMUEL,  Motion,  288. 

WALLACE,  FREDERICK  T.,  Order,  39. 

Walpole,  Election  in,  34,  37. 

WARD,  ANDREW  H.,  Motion,  189. 

WARNER,  MARSHAL,  Leave  of  Absence,  349. 

WARNER,  SAMUEL,  Motions,  73,  128,  188. 

WATERS,  ASA  H.,  Motions,  87,  145,  251,  335;  Orders,  59,  72. 

WEEKS,  CYRUS,  Motions,  83,  155,  183,  210,  343;  Petition,  129. 

WESTON,  GERSHOM  B.,  Motions,  17,  102,  103,  134,  191,  295,299;  Order,  94. 

WHEELER,  WILLIAM  F.,  Motions,  150,  163,  241,  245,  308,  321,  355  ;  Orders,  45,  79. 

Whipple,  Edwin  P.,  Invitation  from,  17. 

WHITE,  GEORGE,  Motions,  151,  209,  214,  316,  321,  354,  355  ;  Resolves,   126. 

WHITNEY,  DANIEL  S.,  Motions,  157,  189,  333  ;  Orders,  112,  126;  Report,  166. 

WHITNEY,  JAMES  S.,  Motions,  90,  153,  154,  183,  209,  218,  233,  305  ;  Order,  43  ; 
Reports,  83,96. 

WILKINS,  JOHN  H.,  Motions,  30,  112,  118. 

WILKINSON,  EZRA,  Motions,  364,  372. 

Willard,  A.  T.,  Petition  of,  140. 

Williams  College,  Communication  from  Treasurer  of,  215. 

WILLIAMS,  HENRY,  Motions,  4,  371;  Order,  136. 

WILSON,  HENRY,  Communication  from,  9  ;  Elected  President  pro  tempore,  253 ; 
Motions,  5,  15,  19,  35,  41,  60,  66,  76,  77,  82,  90,  96,  97,  111,  118,  122,  135,  136,  137, 
139,  141,  142,  145,  146,  147,  152,  155,  156,  165,  166,  167,  168,  172,  187, 188,  190,  191, 
192,  195,  196,  208,  209,  216,  219,  228,  231,  233,  236,  237,  238,  246,  311,  316,  321,  335, 
349,  354,  355,  360,  369,  371  ;  Orders,  8,  18,  30,  31,  32,  42,  45,  59,  67,  72,  84,  88,  113, 
118,  128,  137,  147,  239,  241  ;  Petitions,  35,  44  ;  Reports,  13,  40,  124,  125,  126,  127, 
128,  129,  130,  139,  147,  148, 149,  150,  154,  157  ;  Resolves,  7,  141,  145,  250. 

Wise,  William  M.,  Resolve  for  payment  of,  290. 

Women,  Education  of,  Report  inexpedient  concerning,  165,  (Document  No.  92)  ;  consid 
ered  in  Committee  of  the  Whole  and  accepted,  188. 

Women,  Petitions  and  Orders  for  Rights  and  Education  of,  35,  44,  58,  61,  78,  98,  124,  125, 
142,  156. 

Women,  Property  of,  Report  inexpedient  concerning,  153,  (Document  No.  81)  ;  considered 
in  Committee  of  the  Whole  and  accepted,  166. 

Women,  Rights  of,  Report  inexpedient  concerning,  174,  (Document  No.  97)  ;  considered 
in  Committee  of  the  Whole  216  ;  close  of  debate,  218  ;  accepted,  218. 

WOOD,  NATHANIEL,  Motions,  18,  129,  203,  356;  Reports,  136,  190,  240. 

WOOD,  WILLIAM  H.,  Motions,  197,  198,  199  ;  Report,  167. 

WRIGHT,  EZEKIEL,  Petition,  137. 


INDEX  OF  SUBJECTS 


CONSIDERED    IN 


COMMITTEE  OF  THE  WHOLE 


Agriculture,  Board  of,  479. 

Apostles,  Holy,  Polity  of,  476. 

Attorney-General.     [See  Secretary.] 

Auditor.     [See  Secretary.] 

Ballot.     [See  Voters.] 

Census,  477,  478. 

Clerks  of  Courts.     [See  Secretary.] 

Commissioners,  Compensation  of,  457. 

Commissioners,  County.     [See  Secretary.] 

"  Commonwealth  of  Massachusetts,"  Retaining  Name  of,  432. 

Constitution,  Amendments  of,  482,  483,  488,  493,  494,  495,  496. 

Corporations,  General  Laws  for,  464,  465,  470,  471,  472. 

Council,  439,  440,  441. 

County  Treasurers.     [See  Secretary.] 

Education,  Board  of,  479. 

Elections  by  Plurality,  428,  429,  430,  435,  436-9,  491,  492,  493. 

Elections,  Time  of  Holding,  432. 

Elections,  Viva  Voce,  443. 

Governor,  431,  477. 

Governor,  Pardoning  Power  of,  458. 

Governor,  Title  of,  459. 

Harvard  College,  482,  491. 

House  of  Representatives,  454,  455,  456,  457,  461,  462,  465,  466,  467,  458,  471,  474,  475, 

House  of  Representatives,  Quorum  of,  490. 

Judiciary,  485,  486,  487,  488. 

Laws,  Enactment  of,  450. 

Laws,  Origin  of,  in  the  House  of  Representatives,  443. 

Laws,  Reference  of  to  the  People,  475. 

Legal  Remedies,  476. 

Legislature,  Biennial  Sessions  of,  450. 

Legislature,  Compensation  of,  452,  453. 

Legislature,  Purchase  of  Books  by,  449. 

Legislature,  Reception  of  Petitions  by,  444. 


560  INDEX. 

Lieutenant- Governor,  433,  441-3. 

Militia,  459,  460,  462,  463,  468,  469. 

Oaths  and  Subscriptions,  433,  434,  479,  480. 

Office,  Incompatibility  of.     [See  Oaths.] 

Office,  Retirement  from,  477. 

Pardons.     [See  Governor.] 

Plurality.     [See  Elections.] 

Privileges,  Special,  449. 

Probate,  Judges  of.     [See  Secretary.] 

Quorum.     [See  House  of  Representatives.] 

Registry.     [See  Voters.] 

School  Fund,  481,  482. 

Schools,  Sectarian,  479. 

Seat  of  Government,  444. 

Secretary  of  State,  &c.,  450,  451,  452. 

Senate,  427,  428. 

Senators  of  the  United  States,  Election  of,  463. 

State  Credit,  Loan  of,  463,  472,  473,  474,  483,  484,  485. 

Tax  Qualification.     [See  Voters.] 

Treasurer.     [See  Secretary.] 

Unjust  Prosecutions,  Remuneration  for,  476. 

Voters,  Qualifications  of,  444,  445,  446,  447,  448,  449,  464,  469,  470,  472,  480,  481,  484. 

Women,  Education  of,  478. 

Women,  Rights  of,  475,  488,  489,  490. 


CONTENTS  OF  THE  APPENDIX. 


I.     Journal  of  the  Committee  appointed  to  count  the  votes  for  and  against  the  Constitu 
tional  Propositions. 

II.     Abstract  of  the  Ileturns  of  Votes,  prepared  by  the  Committee,  as  above. 


NOTE. — The  Constitutional  Propositions  agreed  to  by  the  Convention  and  submitted  to 
the  People,  may  be  found  on  pages  383  to  415,  inclusive. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

DOCUMENTS  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  r< 


642-2569 

MAY  IS  WU 

Reft  M* 

JAN     5  1975 

nzz: 

^m^ 



LD  2lA-20m-4,'63 
(D6471slO)476 


General  Library 

University  of  California 

Berkeley 


VD  08547 


